79Transition for exemption provision (rule 9)

79 Transition for exemption provision (rule 9)

(1) An exemption in relation to an infrastructure charge under a particular contract in effect under subrule 9(1), or granted under subrule 9(6), before 1 July 2020 continues to apply on and after that date as if granted under rule 9 as amended by the amending rules.

Note: The effect is that the charge need not appear in a schedule of charges, and rule 7 does not apply in relation to the charge. However, any replacement schedule of charges adopted on or after 1 July 2020 must include the information about the exemption specified in subrule (5). That subrule includes the same requirements as in new subrule 9(13A).

(2) However, subrule (1) does not apply to an exemption in effect under subrule 9(1) of the old rules if, on or after 14 July 2010, the regulated charges specified in the contract in respect of which the exemption was in effect have been varied. (3) The old rules apply in relation to an application for an exemption under rule 9 that was made, but not decided, before 1 July 2020. (4) During the period of 12 months beginning on 1 July 2020, despite paragraph 9(3)(a), an application for an exemption under rule 9 may be made in relation to a contract that was entered into before that date. (5) Despite subrule 9(13) as applied by subrule (1) of this rule, if an exemption is continued in force by subrule (1) of this rule, the infrastructure operator must, within 12 months after 1 July 2020, include the following information in its schedule of charges: (a) a statement that the exemption has been granted under this rule; (b) the name of the customer or customers; (c) the time period of the contract or contracts; (d) the infrastructure service to which the charge exempt from disclosure relates.