Promoting Transit and Keeping Penalties off Rates
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Ontario Energy Board Act, 1998
Summary of Decision:
The Government is committed to protecting energy ratepayers from paying for costs not associated with the transmission or distribution of electricity and gas.
A recent amendment to the Ontario Energy Board Act, 1998 (OEBA) through the Less Red Tape, Stronger Economy Act, 2023 prohibited any penalties or fines imposed under any Act and payable by electricity and gas transmitters and distributors from being recovered through rates. The amendments to the OEBA also enable the Minister of Energy to make regulations that prescribe any other amount or class of amounts that electricity and gas transmitters and distributors cannot recover through rates.
The Minister of Energy has made a regulation under the OEBA to extend the rate recovery prohibition to include awards, damages, or compensation under the Building Transit Faster Act (BTFA), as they existed in ss. 78(5) and ss. 36(3.1) prior to these provisions being repealed and replaced when the Less Red Tape, Stronger Economy Act, 2023 received Royal Assent.
Analysis of Regulatory Impact:
There are no direct compliance costs expected with this proposal. No costs were identified when these provisions were included in the OEBA.
This regulation will provide clarity for regulated entities and will continue to help keep rates predictable and low, supporting all Ontarians and businesses.
Further Information:
Proposal Number:
23-ENDM022
Posting Date:
August 11, 2023
Summary of Proposal:
The Government is committed to protecting energy ratepayers from paying for costs not associated with the transmission or distribution of electricity and gas.
A recent amendment to the Ontario Energy Board Act, 1998 (OEBA) through Bill 91, the Less Red Tape, Stronger Economy Act, 2023, prohibited any penalties or fines imposed under any Act and payable by electricity and gas transmitters and distributors from being recovered through rates. The amendments to the OEBA also enable the Minister of Energy to make regulations that prescribe any other amount or class of amounts that electricity and gas transmitters and distributors cannot recover through rates.
ENERGY is proposing a regulation to extend the rate recovery prohibition to include awards, damages, or compensation under the Building Transit Faster Act (BTFA), as they existed in ss. 78(5) and ss. 36(3.1) prior to these provisions being repealed and replaced when the Less Red Tape, Stronger Economy Act, 2023 received Royal Assent.
Contact Address:
Ministry of Energy
77 Grenville Street, 6th Floor, Toronto ON M7A 2C1
Effective Date:
June 8, 2023
Decision:
Approved