Condition of Service

SECTION 1 – INTRODUCTION

 

1.1 Identification

ALEXIAN ENERGY SERVICES INC., referred to herein as “ALEXIAN“ are incorporated under the laws of the Province of Ontario. ALEXIAN is licensed by the Ontario Energy Board (OEB) to supply sub-metering systems, equipment and technology and any associated equipment, systems and technologies and any associated services throughout the Province of Ontario.

1.2 Related Codes and Governing Laws

ALEXIAN shall comply with all applicable provisions of the Ontario Energy Board Act (1998), the Electricity Act, the regulations and all applicable Market Rules.

1.3 Interpretation

In these Conditions of Service, unless the context otherwise requires:

• Headings, paragraph numbers and underlining are for convenience only and do not affect the interpretation of the Conditions of Service;
• Words referring to the singular include the plural and vice versa;
• Words referring to a gender include any gender;
• Where there is reference to a number of days between two events, they shall be counted by excluding the day on which the first event occurred and including the day on which the second event occurs: and
• Any event that is required under these Conditions to occur on or by a stipulated date, which is a holiday, may occur on or by the next business day.

1.4 Amendments and Changes

These Conditions of Service shall be deemed to have been automatically amended to the minimum extent necessary to achieve compliance with all Applicable Laws.

The provisions of these Conditions of Service and any amendments thereto form part of any agreement between Alexian and its Customers.

In the event of changes to these Conditions of Service, Alexian will in accordance with the Ontario Energy Board, provide one copy of the amended Conditions of Service for each of its customers. The amended document will outline all changes from the previous document. A current version of the Conditions of Service will also be available on the Alexian website.

1.5 Contact Information

Alexian Energy Services Inc.
P.O. Box 96 Don Mills
Don Mills, ON M3C 2R6

Local: 416-238-5423
Toll free: 1-844-238-5423
Fax #: 416-642-0938
Normal Business Hours: Monday to Friday 9:00 am to 5:00 pm (Eastern Standard Time)
E-mail: customerservice@alexianenergy.com

 

SECTION 2 – SECURITY DEPOSITS

2.1 Security Deposit Policy

Security deposits are collected to secure payment of future charges. Security deposits may be collected when a Customer initially applies for service and/or fails to maintain a good payment history.

We encourage Customers to maintain a good payment history to avoid having to pay a security deposit. If a Customer fails to maintain a good payment history, a security deposit will be required and calculated at a rate of 2.5 times the Customers’ average monthly bill. For bi-monthly Customers, the average bill is multiplied by 1.75.

2.2 Security Deposit Requirements

Security deposits will be reviewed annually to determine whether the deposit should be adjusted, increased or fully returned with good payment history, for variances in rates, OEB requirements, payment history and Customer consumption. Once a Customer has established good payment history, all or part of the security deposit will be refunded with interest at least once every 12 months.

Residential Customers are required to provide a security deposit of 2.5 times the estimated monthly bill based on the Customer’s average monthly load with the distributor during the most recent twelve (12) consecutive months. Where relevant usage information is not available for the Customer for 12 consecutive months within the past two years or where Alexian does not have systems capable of making the above calculation, the Customer’s average monthly load shall be based on a reasonable estimate made by Alexian.

Security deposits may be paid to Alexian by way of: cheque; money order; any major Canadian financial institution; ATM; Internet and/or telephone banking services offered by your bank; the following credit cards: VISA, MasterCard, American Express; Pre-Authorized Payment Plan; an automatically renewing irrevocable letter of credit from a bank as defined in the Bank Act, S.C n. 1991, c. 46. See Schedule A – Fees for any additional charges that may apply.

2.3 Waiver Conditions

Security deposits will be waived if any of the following conditions are met:

a) Customers are considered to have good payment history if all the following conditions are met:

• No disconnection notice has been issued in the previous twelve (12) months;
• No bad cheque or pre-authorized payment has been returned for non-sufficient funds (NSF) in the previous twelve (12) months; and
• No collection or disconnection trip has occurred in the previous twelve (12) months.

b) Customers must show good payment history for the following periods of time:

• One (1) year for residential Customers;
• Five (5) years for non-residential Customers with less than 50 kW demand; and
• Seven (7) years for non-residential Customers with 50 kW demand or greater.

c) Provided that the Customer is able to provide a letter of reference confirming one year good payment history from another major Canadian gas or electric distributor;

d) The Customer provides an acceptable credit check from a recognized credit agency.

e) In the case of a residential Customer in Ontario, if the Customer is an eligible low-income consumer and the Customer requests a waiver of the applicable security deposit and meets the applicable waiver conditions under the Ontario Sub-metering Code.

Any Customer who is granted an exemption under the criteria outlined above will have this exemption retracted in the event of:

• The provision of more than one (1) pre-authorized payments being returned for non-sufficient funds.
• The provision of more than one (1) NSF cheque payments in a two (2) year period, or;
• The delivery of more than one (1) notice of disconnection of service for non- payment;
• The service is disconnected for non-payment.

When an exemption is retracted, the Customer’s next billing will include a security deposit requirement. If accounts are not paid then the Disconnection Policy will take effect.

Customers can pay a required deposit, an increase in a security deposit or a replacement of a deposit applied against arrears, in equal installments over at least six (6) months.

When a security deposit has been applied against any arrears, the Customer may have to repay the security deposit and be allowed to repay in equal installments over at least six (6) months.

2.4 Refund or Application of Security Deposits

Security deposits will be applied towards non-payment amounts prior to issuing a Disconnection Notice (see section 3.2). If the total of the non-payment amount is greater than the security deposit, no refund will occur unless the Customer has repaid the amount of the security deposit that was so applied.

Deposits will be refunded to the Customer once a satisfactory payment history, as defined in section 2.3a), have been established for a period of twelve (12) consecutive months.

Deposits will be refunded when a Customer terminates their account with Alexian.

Interest will be paid to the Customer on a yearly basis. Interest will be calculated at the rate prescribed by the OEB, currently prime business rate less two (2) percent and updated quarterly.

Interest on security deposits shall begin to accrue from date of receipt by Alexian at its head office.

Security Deposit money will be applied to an account at the time of final billing. All interest will be calculated up to the date of final billing. Refunds will be issued within six (6) weeks of the final billing date.

 

SECTION 3 – DISCONNECTION & RECONNECTIONS

3.1 Disconnection Rights

Alexian reserves the right to disconnect the supply of electricity for causes including, but not limited to:

• Contravention of any Applicable Laws;
• Imposition of an unsafe worker situation beyond normal risks inherent in the operation of the sub-metering system or the building’s electrical distribution system;
• A material decrease in the efficiency of the sub-metering system or the building’s electrical distribution system;

• Alexian may disconnect the supply of electricity, water and/or natural gas to a Customer without notice in accordance with a court order, or for emergency, safety or system reliability reasons.

• A materially adverse effect on the quality of distribution services received by an existing connection;
• Inability of Alexian to perform planned inspections and maintenance;
• Failure of the Customer to comply with a directive of Alexian that Alexian makes for purposes of meeting its license obligations;

• Outstanding payments owed to Alexian Electrical interference caused by Customer equipment or discovery of a hazardous condition that is not corrected in a timely fashion;
• Unauthorized electricity use (including electricity diversion, fraud or abuse by a Customer); and
• Any other conditions identified in these Conditions of Service or permitted by Applicable Laws.

Alexian shall not be liable for any damage to the Customer’s premises resulting from any disconnection of service. A reconnection charge may apply.

3.2 Disconnection Due To Non-Payment

Any outstanding payments owed to Alexian may be subject to a collection process and possible disconnection of service if amounts owing are not paid within twenty-seven (27) days following the due date. Alexian bills are due sixteen (16) days following the billing date. Alexian may initiate collection actions on the next business day following the due date if an outstanding balance remains.

Security Deposits held on account for the Customer will be applied against any amounts owing at that time. If the security deposit is insufficient to cover the total amount owing, a disconnection notice will be issued to the Customer.

If the Customer’s security deposit is applied to the account due to non-payment, Alexian reserves the right to request that the Customer repay the amount of the security deposit that was so applied.

Alexian may contact the Customer by telephone, email, directly on their premises, or issue a reminder notice to confirm that there is an amount outstanding. If these actions do not initiate a payment from the Customer, a disconnection notice will be issued.

Alexian will issue a disconnection notice by mail to the Customer prior to disconnection of service.

Alexian will make reasonable efforts to contact the Customer directly. If a satisfactory payment arrangement has not been made within thirteen (13) days following the issuing of the disconnection notice, a disconnection letter is left at the Customer’s premise forty-eight (48) hours prior to the disconnection of the service. A charge to hand deliver this final notice will be applied to the account.

Disconnection notices sent to Customers will contain prescribed information, such as the earliest and the latest date disconnection may occur, the forms of payment a Customer may use, that a Board prescribed arrears management program may be available, the sources of obtaining additional assistance for eligible low-income Customers, and that disconnection may take place whether or not the Customer is home at the time.

Residents who have provided documentation from a physician that disconnection will pose a significant health risk, will receive sixty (60) days notice before being disconnected for non-payment.

The service will only be reconnected following satisfactory payment of the balance due, reconnection charge and additional security deposit if deemed necessary. The Customer or their representative must be present at the time the service is reconnected.

A reconnection service charge shall be applied for services disconnected for non-payment.

Alexian will not be liable for any damage to the Customer’s (or surrounding) premises resulting from discontinuation of service.

3.3 Reconnection Procedures

Disconnected electricity service may not be reconnected (a) until the Customer rectifies the condition leading to the disconnection, including all costs incurred by Alexian arising from any unauthorized electricity use, including inspections, repair costs, disconnection charges and reconnection charges, (b) until the Customer provides full payment to Alexian; and/or (c) in accordance with the terms of an arrears payment agreement between Alexian and the Customer.

The Customer will be given an appointment window for the reconnection. The Customer or an authorized representative must be present at Customer’s residence at the time of reconnection. In the event that the Customer or an authorized representative is not available at the scheduled time for reconnection, the Customer may be held responsible for additional costs, in addition to any applicable reconnection charges, incurred by Alexian to arrange for more than one reconnection appointment.

Reconnections for Ontario Customers who have been disconnected for six months or more may be subject to an inspection conducted by the Electrical Safety Authority. Unless Alexian erred in disconnecting the Customer, it is the responsibility of the Customer to pay for such inspection.

SECTION 4 – BILLING AND PAYMENT

4.1 Billing Cycle Period

Alexian Energy Services may, as per the services contract, render bills to its Customers on either a monthly, bimonthly, quarterly or annual basis or such other periodic basis as may be determined from time to time.

4.2 Payment Requirements

Customers may pay their electricity, water, or natural gas bills using any of the following methods: cheque; money order; any major Canadian financial institution; ATM; Internet and/or telephone banking services offered by your bank; the following credit cards: VISA, MasterCard, American Express; Pre-Authorized Payment Plan. See Schedule A – Fees for any additional charges that may apply.

The minimum payment period (before a late payment penalty can be applied) will be at least sixteen (16) days from the date the bill was issued to the Customer.

The date on which the bill was issued is determined to be three (3) days after it was printed if sent by mail or on the

date on which an email was sent over the internet.

A bill payment is deemed to be received from the Customer;

• three (3) days before it is received by Alexian, if sent by mail;
• the date when the payment is acknowledged by a bank; or
• when the credit card payment is acknowledged by the financial institution.

Any payment made after 5:00 p.m. is still effective on the day the payment is made. If a due date is a non-business day, it is extended to the next business day.

4.3 Estimating Bills

Alexian will make reasonable attempts to obtain a meter reading for all regular electricity, water and/or natural gas bills for the Customer. The electricity, water and natural gas bills will only be estimated when Alexian has not been able to obtain a successful meter reading. The electricity, water and natural gas bills will be estimated based on the consumption history of the Customer.

4.4 Joint Billing Arrangements

Where Alexian issues a single bill to a Customer for other services in addition to electricity sub-metering services, Alexian will allocate any payment of such bill in accordance with the terms of any relevant agreements in respect of such joint billing, subject to and in accordance with Applicable Laws.

4.5 Collection

Outstanding bills are subject to Alexian’s collection process and may ultimately lead to the Customer’s electricity, water and/or natural gas service being disconnected. Service will be restored once satisfactory payment has been made. Disconnection of service does not relieve the Customer of any liability for arrears. See also Subsection 3.2 (Disconnection due to Non-Payment) above. A late payment charge of 1.5% per month will be applied on all overdue accounts. If the Customer makes a partial payment on or before the due date, the late payment charge will apply only to the outstanding amount on the electricity, water and/or natural gas bill at the due date.

Late payment charges as well as charges related to disconnection or non-payment, will not be imposed on eligible low-income Customers after they entered into an arrears payment agreement. Eligible low income Customers can request this once per year.

We prefer to work with Customers to keep their accounts in good standing. If you’re experiencing financial difficulties, let us know – we’ll do our best to work out a pay arrangement that’s mutually acceptable.

SECTION 5 – DISPUTE RESOLUTION

5.1 Dispute Resolution Procedure

In the event that a dispute occurs, Alexian Energy Services will follow the procedures below: A record of all complaints whether resolved or not including the name of the Customer, the date resolved or referred and the result of the dispute resolution will be kept on file.

Verbal Complaint:

• A Customer who calls with a complaint will be asked to provide name, address, telephone number and the nature of the complaint. The call will be logged on the Customer account.
• If the issue cannot be resolved by the Customer Service Representative, the complaint will be sent to the Manager of Billing Services

• The Manager will decide how to proceed with an investigation and will contact the Customer if required.
• The Manager will document the findings of the investigation and notify the Customer of the results

Written Complaint:
Customers must submit a complaint or dispute in writing to Alexian. Upon receipt of the filed complaint, Alexian will investigate and respond to the complaint within ten (10) business days. In the event that the filed complaint is unresolved, the Customer can forward the complaint to the Ontario Energy Board for review and resolution.

Ontario Energy Board Contact Information:
Business hours: Monday – Friday, 8:30 a.m. to 5:00 p.m.

Ontario Energy Board
P.O. Box 2319
2300 Yonge Street, 27th Floor
Toronto, Ontario, Canada
M4P 1E4
Tel: 1-877-632-2727 (toll-free within Ontario)
Tel: 416-314-2455 (within Greater Toronto Area or from outside Canada)
Fax: 416-440-7656

5.2 Meter Disputes

Metering inaccuracy is an extremely rare occurrence. Most billing inquiries can be resolved between the Customer and Alexian without a meter accuracy test.

Upon the request of a Customer, Alexian will conduct a meter accuracy test. Customer may be charged a meter dispute fee. If the meter is found to be inaccurate, Alexian will refund the fee and make necessary adjustments to the Customer’s bill.

Either Alexian or the Customer may request the involvement of Measurement Canada to resolve a meter dispute. If the Customer initiates the dispute, Alexian will charge the Customer a meter dispute fee. If the meter is found to be inaccurate and Measurement Canada rules in favor of the Customer, Alexian will refund the fee and make necessary adjustments to the Customer’s bill.

SECTION 6 – RIGHTS & OBLIGATIONS

6.1 Related Codes and Governing Laws

Alexian shall comply with all applicable provisions of the Ontario Energy Board Act (1998), the Electricity Act, the

regulations and all applicable Market Rules.

6.2 Customer Rights

The Customer has the right to receive accurate billing information in accordance with these conditions and subject to

the latest editions of the various codes and laws as outlined in Section 6.1.

6.3 Distributors Rights

6.3.1 Access to Customer Property

The location of Alexian’s metering equipment on the Customer’s property is to be located in a manner that does not create a safety hazard to Alexian’s personnel, the Customer’s employees or the general public. All Alexian equipment

located on the Customer’s property is in the care of the Customer and if damaged, other than by normal usage, the Customer will be charged for any repair or replacement cost.

6.3.2 Safety

The Customer shall not build, plant, or maintain anything that would or could obstruct access to and/or maintenance of Alexian equipment.

6.3.3 Operating Control

Only employees or agents of Alexian shall remove, replace, alter, repair, inspect or tamper with Alexian equipment.

6.3.4 Right to Disconnect

Alexian reserves the right to disconnect a Customer’s service as described in Section 3.1

6.3.5 Customer Equipment

The Customer will be required to repair or replace any equipment owned by the Customer that may affect the integrity or reliability of Alexian’s meters and meter components. If the Customer does not take such action within a reasonable time, Alexian may disconnect the supply of power to the Customer.

6.4 Customer Contracts

6.4.1 Residential Services

A signed contract is required for each residential and general service Customer prior to the energization of the utility service to the Customer’s building or premise. A sample of the contract “Utility Service Agreement” can be found on our website

6.4.2 Implied Contracts

In all cases Alexian has an implied contract with any Customer that is a Resident or Unit Owner where Alexian has installed a Sub-metering System and receives billing and collection services from Alexian. A Customer who uses electricity, water and/or natural gas delivered, supplied or sub-metered by Alexian shall be liable for payment of electricity, water and/or natural gas consumption even in the absence of a signed contract. Any implied contract for the supply or sub-meter of electricity, water and/or natural gas by Alexian shall be binding upon the heirs, administrators, executors, successors or assigns of the Person or Persons who receives the electricity, water and/or natural gas supplied or sub-metered by Alexian.

When a Customer contacts Alexian to close their account, a final bill will be issued to the Customer. At that time, a new account will be set up in the new owner’s, new tenant’s or landlord’s name. New account set up charges will be billed and even though the property may be vacant, monthly service charges and electricity, water and/or natural gas used will be billed.

SECTION 7 – ELECTRICITY SUPPLY

7.1 Electricity

This is the charge for the electricity you use. Regulated Price Plan (RPP) consumers pay for electricity based on prices determined by the OEB. To view current rates visit www.oeb.ca.

7.2 Interruptions to Supply

Although it is Alexian’s policy to minimize inconvenience to Customers, it is necessary to occasionally interrupt a Customer’s supply to allow work on the meters or meter components. Alexian will endeavor to provide Customers with reasonable notice of planned power interruptions. Notice may not be given where work is of an emergency nature involving the possibility of injury to persons or damage to property or equipment.

7.3 Equipment owned by Alexian

Where Alexian owns the metering equipment in a building, it is the responsibility of the owner or condominium corporation of the building to provide a convenient, unobstructed and safe location for the installation of such equipment acceptable to Alexian.

SECTION 8 – TARIFFS AND CHARGES

Refer to Schedule A – Fees

SECTION 9 – GLOSSARY OF TERMS

“Applicable Laws” means in respect of any person, property, transactions, event or course of conduct, all applicable laws, statutes, rules, by-laws, treaties, regulations, codes, ordinances, regulatory policies and all applicable official directives, orders, judgments and decrees of or similar requirement made or issued by a Governmental Authority having the force of law (i) applicable to or binding upon such person, property, transaction, event or course of conduct or (ii) to which that person or any of its property is subject.

“Board” means the Ontario Energy Board (OEB);

“Conditions” of Service means the document developed by a Sub-metering Licensee in accordance with Ontario

Energy Board requirements that describes the operating practices and connection rules for the Licensee;

“Connection” means the process of installing and activating connection assets in order to distribute electricity to a Customer;

“Consumer” means a person who uses or consumes electricity by an outside supplier;

“Contract” shall mean an agreement between the Sub-metering Licensee and the Customer for the supply of electricity or any other commodity or service that the Distributor will provide. The supply and consumption of utility services shall be construed as acceptance of such contract;

“Customer” means a person that has contracted for or intends to contract for connection of a building. This includes unit owners and/or renters of residential or commercial development (owner/developer);

“Disconnection” means a deactivation of connection assets, which results in cessation of distribution services to a consumer;

“Distributor” refers to Alexian Energy Services Inc.

“Electricity Act” means the Electricity Act, 1998, S.O 1998, c.15, Schedule A;

“Electrical Safety Authority (ESA)” means the person or body designated under the Electricity Act, 1998 regulations as the Electrical Safety Authority;

“Eligible Low-income Consumer” means:

1. A residential electricity consumer who has a pre-tax household income at or below the pre-tax Low Income Cut-Off, according to Statistics Canada, plus 15%, taking into account family size and community size, as qualified by a Social Service Agency or Government Agency
2. A residential electricity consumer who has been qualified for Emergency Financial Assistance
3. It is the responsibility of the Customer to provide documentation verifying low income eligibility

“Emergency Financial Assistance” is any Board-approved emergency financial assistance program made available by a distributor to eligible low-income residential Customers.

“Governmental Authority” means the government of Canada, any province, territory or other political subdivision thereof and any person exercising any executive, regulatory, judicial or administrative authority thereof.

“Market Rules” means the rules made under section 32 of the Electricity Act.

“Measurement Canada” means the Special Operating Agency established in August 1996 by the Electricity and Gas Inspection Act, 1980 81 82 83, c. 87, and Electricity and Gas Inspection Regulations (SOR/86 131). The purpose of the Agency is to ensure the integrity and accuracy of measurement in Canada and has jurisdiction over the accuracy of electricity, water and/or natural gas meters.

“Ontario Energy Board Act” means the Ontario Energy Board Act, 1998, S.O. 1998 c.15, Schedule B, as amended from time to time;

“Ontario Sub-metering Code” means the Unit Sub-Metering Code prescribed by the Ontario Energy Board setting out the minimum conditions and standards that a licensed unit sub-meter provider in Ontario must meet when providing unit sub-metering services on behalf of exempt distributors

“Owner” shall mean the person or company owning the property on which the sub-metering system is operating;

“Rate” means any financial rate, charge or other consideration, including a penalty for late payment;

“Regulations” means the regulations made under the Electricity Act of the Ontario Energy Board Act.