Streamlining and clarifying net metering regulatory requirements

ERO number
019-7524
Notice type
Regulation
Posted by
Ministry of Energy
Notice stage
Decision
Decision posted
Comment period
August 21, 2023 - September 20, 2023 (30 days) Closed
Last updated

This consultation was open from:
August 21, 2023
to September 20, 2023

Decision summary

On November 10, 2023, Ontario filed amendments to O. Reg. 679/21 (Community Net Metering Projects) and O. Reg. 389/10 (General) to remove administrative burden and clarify regulatory requirements to support innovation and customer choice. The amendments will come into effect on January 1, 2024.

Decision details

The demonstration of community net metering and third-party ownership net metering arrangements are two initiatives aimed at empowering consumers with options that can lower energy costs and support innovation.

On November 10, 2023, Ontario filed regulatory amendments to O. Reg. 679/21 (Community Net Metering Projects) and O. Reg. 389/10 (General), which will come into effect on January 1, 2024.

Community Net Metering: 

The regulatory amendments to O. Reg. 679/21 enable credit sharing across all participating accounts in the CNM model.  

These changes will facilitate the implementation of the authorized CNM demonstration project, the West 5 development in London, Ontario, and assist in enabling the net-zero goals of the project.

Lessons learned from the CNM demonstration project are intended to inform future options to enhance the net metering framework in Ontario, which could support increased development of net-zero buildings and communities to improve resilience, reduce GHG emissions and adapt to climate change.  

Third Party Ownership Net Metering: 

The regulatory amendments to O. Reg. 389/10 clarify that contract cancellation provisions in s. 14 (1) (a) do not apply to third party generators entering into retail contracts as part of power purchase agreements with low-volume consumers participating in net metering. The change removes unintended financial risk to third party generators and aligns the language more clearly with the original policy intent.

Clarifying regulatory requirements for TPO net metering arrangements improves access for electricity customers to participate in net metering by removing financial barriers of the upfront capital costs of installing a renewable generation system. 

 

Analysis of Regulatory Impact

Community Net Metering: 

The regulatory amendments to O. Reg. 679/21 primarily impact the CNM demonstration project proponents. The estimated cost savings and hours saved for the project proponents are primarily related to eliminating the need to establish and maintain a new billing and settlement software system for the CNM demonstration project. The amendments are anticipated to have little to no impact on stakeholders beyond the CNM demonstration project proponents. 

Third-Party Ownership Net Metering: 

The regulatory changes to TPO net metering were exempt from the Regulatory Impact Analysis process as it pertains to aligning the regulatory language more clearly with the original policy intent. 

Comments received

Through the registry

3

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

The government received written comments from two utilities; two energy companies; and one property developer. No concerns were raised regarding the proposed amendments themselves. Three submissions expressed support for the proposed amendments, and one submission indicated a neutral position regarding the amendments. 

Some of the submissions included feedback beyond the scope of the proposal, particularly including requests for Ontario to authorize additional CNM projects and expand net metering opportunities for more customers. One stakeholder indicated that any options for the future expansion of net metering eligibility should consider alignment with other energy management programs, such as demand response. This feedback may be considered in the context of developing future net metering or related initiatives. 

Supporting materials

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Contact

Brock Gouweloos

Email address
Office
Ministry of Energy, Conservation and Renewable Energy Division
Address

77 Grenville Street, 5th floor
Toronto, ON
M7A 2C1
Canada

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Original proposal

ERO number
019-7524
Notice type
Regulation
Posted by
Ministry of Energy
Proposal posted

Comment period

August 21, 2023 - September 20, 2023 (30 days)

Proposal details

Community Net Metering

Community Net Metering (CNM) is a net metering model that allows a customer, who has a group of load accounts and renewable generation, to share net metering credits across the participating accounts. The CNM framework was launched in 2021 through O. Reg. 679/21 (Community Net Metering Projects), which authorized the West 5 development in London, Ontario as a CNM demonstration project.

The ministry has been working with stakeholders and the Ontario Energy Board to monitor the implementation of the demonstration project.

The ministry is proposing to remove the bill credit allocation limit in section 8(7) of the CNM regulation with the aim to reduce administrative burden and assist the implementation of the demonstration project.

Although the bill credit allocation limit was implemented to encourage integration of solar generation, limit use of the distribution system and avoid cost impacts for non-participating customers, other project design parameters specified in the regulation ensure these objectives are met.

Lessons learned from the CNM demonstration project will inform further opportunities to enhance the net metering framework in Ontario.

Third-Party Ownership Net Metering

In 2022, the ministry made regulatory changes to clarify the eligibility of third-party ownership (TPO) net metering arrangements such as leasing, financing and power purchase agreements (PPAs). TPO net metering improves access for customers to participate in net metering by removing financial barriers of the upfront capital costs of installing a renewable generation system.

The ministry has been monitoring the implementation of these changes. Stakeholder feedback shared with the ministry notes that there is lack of clarity in one section of O. Reg. 389/10: General made under the Energy Consumer Protection Act, 2010, which may pose unintended risks for third party generators involved in PPAs.

Section 14 (1) (a) of O. Reg. 389/10 outlines circumstances in which a retail contract would be deemed void, including when a consumer cancels a contract. This section was amended in 2022 with the intent to exclude third party generator retailers from these provisions in light of the differences between conventional electricity retailing and a retail contract between a third party generator and a consumer for the purposes of net metering. The ministry is proposing amendments to clarify this section to provide greater clarity around contract cancellation provisions for both third party generators and customers. This will support energy consumers who are interested in participating in net metering, through use of technologies like rooftop solar, to lower their energy costs.

In summary, these proposed regulatory changes related to CNM and TPO net metering arrangements would, if approved, provide immediate benefit to consumers while we continue to explore further options to enhance Ontario’s net metering framework to support innovation and customer choice.

Comment

Commenting is now closed.

This consultation was open from August 21, 2023
to September 20, 2023

Connect with us

Contact

Brock Gouweloos

Email address
Office
Ministry of Energy, Conservation and Renewable Energy Division
Address

77 Grenville Street, 5th floor
Toronto, ON
M7A 2C1
Canada