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"Point in Time" Regulation Content

Utilities Commission Act

Demand-Side Measures Regulation

B.C. Reg. 326/2008

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 December 8, 2011
July 10, 2014
March 24, 2017
Section 3 July 10, 2014
March 24, 2017
Section 4 December 8, 2011
July 10, 2014
March 24, 2017

 Section 1 definitions of "clean or renewable resource" and "specified proposal" were added by 228/2011, effective December 8, 2011.

 Section 1 definition of "energy device" BEFORE repealed by 228/2011, effective December 8, 2011.

"energy device" has the same meaning as in the Energy Efficiency Act;

 Section 1 definition of "energy efficiency training" BEFORE amended by 228/2011, effective December 8, 2011.

"energy efficiency training" means training for persons who

(a) manufacture, sell or install energy-efficient products,

(b) design, construct or act as a real estate broker with respect to energy-efficient buildings,

(c) manage energy systems in buildings, or

(d) conduct energy efficiency audits;

 Section 1 definition of "regulated item" BEFORE amended by 228/2011, effective December 8, 2011.

"regulated item" means

(a) an energy device,

(b) an energy-using product,

(c) a building design, or

(d) thermal insulation;

 Section 1 definition of "specified demand-side measure" paragraph (e) was added by 228/2011, effective December 8, 2011.

 Section 1 definition of "specified standard" paragraphs (d) and (e) were added by 228/2011, effective December 8, 2011.

 Section 1 definition of "technology innovation program" paragraph (a) BEFORE amended by 228/2011, effective December 8, 2011.

(a) to develop a technology, a system of technologies, a building design or an industrial facility design that is

 Section 1 definition of "low income household" BEFORE amended by BC Reg 141/2014, effective July 10, 2014.

"low-income household" means a household whose residents receive service from the public utility and who have, in a taxation year, a before-tax annual household income equal to or less than the low-income cut off established by Statistics Canada for that year for households of that type;

 Section 1 definitions of "charity program" and "energy management program" were added by BC Reg 117/2017, effective March 24, 2017.

 Section 1 definition of "public entity" BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

"public entity" means a local government, first nation, non-profit society incorporated under the Society Act or trade union;

 Section 1 definition of "specified demand-side measure" paragraph (c.1) was added by BC Reg 117/2017, effective March 24, 2017.

 Section 1 definition of "specified proposal" paragraphs (a) and (c) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(a) a proposal respecting an amendment to the regulation referred to in paragraph (a) of the definition of "specified standard", if the proposal is published by the minister responsible for the Energy Efficiency Act and specifically refers to this regulation;

(c) a proposal respecting an amendment to a standard referred to in paragraph (c) of the definition of "specified standard", if the proposal is published by the government and specifically refers to this regulation;

 Section 1 definition of "step code" was added by BC Reg 117/2017, effective March 24, 2017.

 Section 3 (a) BEFORE amended by BC Reg 141/2014, effective July 10, 2014.

(a) a demand-side measure intended specifically to assist residents of low-income households to reduce their energy consumption;

 Section 3 BEFORE renumbered as 3 (1) by BC Reg 117/2017, effective March 24, 2017.

3   A public utility's plan portfolio is adequate for the purposes of section 44.1 (8) (c) of the Act only if the plan portfolio includes all of the following:

 Section 3 (1) (a) (ii) (A) and (B) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(A) a housing provider incorporated under the Society Act or the Cooperative Association Act, or

(B) a band within the meaning of the Indian Act (Canada),

 Section 3 (1) (a) (ii) (E) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(E) a band referred to in clause (B) if the households in the band's housing are primarily low-income households;

 Section 3 (e) and (f) were added by BC Reg 117/2017, effective March 24, 2017.

 Section 3 (2) was added by BC Reg 117/2017, effective March 24, 2017.

 Section 4 (1) BEFORE amended by BC Reg 228/2011, effective December 8, 2011.

(1)  Subject to subsections (4) and (5), the commission, in determining for the purposes of section 44.1 (8) (c) or 44.2 (5) (d) of the Act the cost-effectiveness of a demand-side measure proposed in an expenditure portfolio or a plan portfolio, may compare the costs and benefits of

 Section 4 (1.1) to (1.8) were added by 228/2011, effective December 8, 2011.

 Section 4 (2) (b) BEFORE amended by 228/2011, effective December 8, 2011.

(b) in using the total resource cost test, consider the benefit of the demand-side measure to be 130% of its value when determined without reference to this subsection but after applying subsection (1.1).

 Section 4 (3) (7) BEFORE repealed by 228/2011, effective December 8, 2011.

(3)  In determining whether a demand-side measure of a bulk electricity purchaser is cost-effective, the commission must consider the benefit of the avoided supply cost to be the authority's long-term marginal cost of acquiring new electricity to replace the electricity sold to the bulk electricity purchaser and not the bulk electricity purchaser's cost of purchasing electricity from the authority.

(7)  In considering the benefit of a demand-side measure that, in the commission's opinion, will increase the market share of a regulated item with respect to which there is a specified standard that has not yet commenced, the commission may include in the benefit a proportion of the benefit that, in the commission's opinion, will result from the commencement and application of the specified standard with respect to the regulated item.

 Section 4 (1.1) (a) BEFORE amended by BC Reg 141/2014, effective July 10, 2014.

(a) subject to subsections (1.2) and (1.3), the avoided natural gas cost, if any, respecting a demand-side measure, in addition to the avoided capacity cost, is the amount that the commission is satisfied represents the authority's long-run marginal cost of acquiring electricity generated from clean or renewable resources in British Columbia, multiplied by 0.5;

 Section 4 (1.5) (part) BEFORE amended by BC Reg 141/2014, effective July 10, 2014.

(1.5) Despite subsection (1.1) and subject to subsections (4) and (5), the commission must determine that a demand-side measure that is part of an expenditure portfolio and that is cost effective when applying subsection (1.1) is not cost effective if

 Section 4 (1.9) was added by BC Reg 141/2014, effective July 10, 2014.

 Section 4 (2) (b) BEFORE amended by BC Reg 141/2014, effective July 10, 2014.

(b) in using the total resource cost test, consider the benefit of the demand-side measure to be 130% of its value when determined without reference to this subsection.

 Section 4 (1.1) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(1.1) The commission must make determinations of cost effectiveness by applying the total resource cost test as follows and in the order set out:

 Section 4 (1.1) (c) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(c) with respect to a demand-side measure not referred to in section 3 (a), do the following:

 Section 4 (1.1) (d) was added by BC Reg 117/2017, effective March 24, 2017.

 Section 4 (1.5) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(1.5) Despite subsection (1.1) and subject to subsections (1.9), (4) and (5), the commission must determine that a demand-side measure that is part of an expenditure portfolio and that is cost effective when applying subsection (1.1) is not cost effective if

 Section 4 (1.5) (b) (iii) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(iii) 33% of the total expenditures for the expenditure portfolio, in the case of a utility that recovers the expenditures in gas rates, or

 Section 4 (1.8) (a.1) was added by BC Reg 117/2017, effective March 24, 2017.

 Section 4 (1.8) (c) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(c) a demand-side measure referred to in section 3 (a), or

 Section 4 (2) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(2) In determining whether a demand-side measure referred to in section 3 (a) is cost effective, the commission must,

 Section 4 (2) (b) BEFORE amended by BC Reg 117/2017, effective March 24, 2017.

(b) in using the total resource cost test, consider the benefit of the demand-side measure to be 140% of its value when determined without reference to this subsection but after applying subsection (1.1).