Simon's Megalomaniacal Legal Resources

Energy - Ontario Energy Board

. West Whitby Landowners Group Inc. v. Elixicon Energy

In West Whitby Landowners Group Inc. v. Elixicon Energy (Div Ct, 2022) the Divisional Court sets out some basics of the OEB regime:

[19] Part VII of the Ontario Energy Board Act sets out the OEB’s powers to appoint inspectors and conduct inspections.

[20] In that context, section 105 of the Ontario Energy Board Act provides that the OEB may receive complaints and sets out theOEB’s powers for disposing of a complaint:

The Board may,

(a) receive complaints concerning conduct that may be in contravention of an enforceable provision whether the conduct constitutes an offence or not; and

(b) make inquiries, gather information and attempt to mediate or resolve complaints, as appropriate, concerning any matter that comes to its attention that may be in contravention of an enforceable provision whether the matter constitutes an offence or not.

[21] Part VII also sets out the extensive powers given to inspectors under the Act, including powers to obtain documents and conduct searches.

[22] Part VII.1 of the Ontario Energy Board Act is titled “Compliance” and sets out the OEB’s powers to enforce compliance with the Act. This Part gives the Board the power to make various orders directed at compliance:

a. Section 112.3 gives the OEB the power to make an order to comply with the Act where “it is satisfied that a person has contravened or is likely to contravene an enforceable provision”;

b. Section 112.4 gives the OEB the power to suspend or revoke a licence where it is satisfied that a person who holds a licence has contravened the Act; and

c. Section 112.5 gives the OEB the power to impose an administrative penalty if it is satisfied a person has contravened the Act.

[23] It is in the context of this Part that the Board may hold a hearing. In accordance with section 112.2(2) of the Act, when the OEB exercises any of its powers under sections 112.3, 112.4 or 112.5, it must give written notice to the person against who it intends to make an order. Pursuant to section 112(3), that person is entitled to request that the Board hold a hearing.

[24] Section 112.2(1) of the Act provides that an “order under section 112.3, 112.4 or 112.5 may only be made on the Board’s own motion”.

. Enbridge Gas Inc v. Ontario Energy Board

In Enbridge Gas Inc v. Ontario Energy Board (Div Ct, 2020) the Divisional Court sets out briefly the role of the Ontario Energy Board:

[4] The OEB is the energy regulator for Ontario. It has the power to set the rates that a regulated utility can charge its customers. Pursuant to s. 36(2) of the Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sch. B (the “Act”), the OEB is authorized to “make orders approving or fixing just and reasonable rates” for the sale, transmission, distribution and storage of natural gas. Pursuant to s. 36(3), it may adopt any method or technique that it considers appropriate for approving or fixing just and reasonable rates. When an applicant seeks approval for rate changes, it has the burden to show the rates sought are just and reasonable (s. 36(4)).

....

[14] Pursuant to s. 33(2) of the Act, an appeal lies to this Court from an order of the OEB only on a question of law or jurisdiction. Given the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the standard of review on this appeal is correctness (see para. 37).