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ARTICLE · 30 APRIL 2010

Ontario Energy Board Clarifies Smart Sub-Metering Rights For Multi-Unit Buildings

Stikeman Elliott LLP
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In the past year, the Ontario Energy Board (OEB) has issued two important decisions that provide clarity to condominium developers and landlords in Ontario on their rights to sub-meter individual units in their buildings using smart meters.

CanadaEnergy and Natural Resources
Glenn Zacher
Glenn Zacher
Patrick Duffy
Patrick Duffy
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In the past year, the Ontario Energy Board (OEB) has issued two important decisions that provide clarity to condominium developers and landlords in Ontario on their rights to sub-meter individual units in their buildings using smart meters. As discussed below, there is also new legislation concerning smart sub-metering on the horizon that will be of interest to developers and landlords in Ontario.

At the core of this issue are the smart-metering provisions of the Electricity Act, 1998 and the related regulations, in particular Ontario Regulation 442/07. Regulation 442/07 required all new condominium buildings constructed in Ontario after August 1, 2007 to include a smart meter for each unit. Under the regulation, a condominium developer has the choice whether to have individual units metered directly by the local distributor, or to have the distributor provide a bulk interval meter for the building while having individual units sub-metered by an alternate

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