Regulation - LGIC
Transitioning to the Ontario Energy Board's new governance structure
Regulation Number(s):
328/03
Instrument Type:
Regulation - LGIC
Bill or Act:
Ontario Energy Board Act, 1998
Summary of Decision:
Regulatory amendments to General Regulation 328/03 under the Ontario Energy Board Act (OEBA), 1998, support the transition of the Ontario Energy Board (OEB) to the new governance structure as provided for by the amendments to the OEBA under Schedule 2 of the Fixing the Hydro Mess Act, 2019. The new governance structure and the amendments to O. Reg 328/03 came into effect on October 1, 2020.
Analysis of Regulatory Impact:
The proposed amendment will not impose additional costs on businesses.
Further Information:
Ontario Energy Board Act, 1998
Proposal Number:
20-ENDM003
Posting Date:
March 5, 2020
Summary of Proposal:
The proposed regulatory amendment is intended to support the transition of the Ontario Energy Board (OEB) to the new governance structure as provided for by the amendments to the Ontario Energy Board Act, 1998 (OEBA) under Schedule 2 of the Fixing the Hydro Mess Act, 2019.
In May 2019, the Fixing the Hydro Mess Act, 2019 received Royal Assent. Among other things, the Fixing the Hydro Mess Act, 2019 amended the OEBA to change the OEB's corporate governance structure by creating a greater separation between the management, administrative, and adjudicative functions of the OEB. These legislative amendments would come into force on a day to be proclaimed by the Lieutenant Governor in Council.
The proposed regulatory amendment to O.Reg. 328/03 under the OEBA would introduce transitional provisions to support continuity of OEB's business and operations during a transition to the new governance structure (that is, upon the proclamation of Schedule 2 of the Fixing the Hydro Mess Act, 2019 (transition date)). For example, the proposed regulatory amendment would ensure that various OEB instruments (including codes, rules, delegations of authority, etc.) that were in force prior to the transition date continue to remain in effect until revoked, amended, or replaced by the person/entity with the appropriate authority to do so as of the transition date. The Ministry is also considering other potential transitional amendments to the regulation that may be needed to support continuity of OEB hearing processes.
In addition to addressing transitional matters, the proposed amendment would also set out the persons who are ineligible to be appointed as members of the board of directors or as the chief executive officer of the OEB under the new governance structure and clarify the Board's regulatory functions for the purposes of section 4.9 (3) of the OEBA, as would be amended by Schedule 2 of the Fixing the Hydro Mess Act, 2019.
In May 2019, the Fixing the Hydro Mess Act, 2019 received Royal Assent. Among other things, the Fixing the Hydro Mess Act, 2019 amended the OEBA to change the OEB's corporate governance structure by creating a greater separation between the management, administrative, and adjudicative functions of the OEB. These legislative amendments would come into force on a day to be proclaimed by the Lieutenant Governor in Council.
The proposed regulatory amendment to O.Reg. 328/03 under the OEBA would introduce transitional provisions to support continuity of OEB's business and operations during a transition to the new governance structure (that is, upon the proclamation of Schedule 2 of the Fixing the Hydro Mess Act, 2019 (transition date)). For example, the proposed regulatory amendment would ensure that various OEB instruments (including codes, rules, delegations of authority, etc.) that were in force prior to the transition date continue to remain in effect until revoked, amended, or replaced by the person/entity with the appropriate authority to do so as of the transition date. The Ministry is also considering other potential transitional amendments to the regulation that may be needed to support continuity of OEB hearing processes.
In addition to addressing transitional matters, the proposed amendment would also set out the persons who are ineligible to be appointed as members of the board of directors or as the chief executive officer of the OEB under the new governance structure and clarify the Board's regulatory functions for the purposes of section 4.9 (3) of the OEBA, as would be amended by Schedule 2 of the Fixing the Hydro Mess Act, 2019.
Contact Address:
77 Grenville St., 6th Floor Toronto, ON M7A 2C1
Effective Date:
October 1, 2020
Decision:
Approved