Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B

• Jurisdiction: Ontario

Ontario Energy Board Act, 1998

S.O. 1998, CHAPTER 15
Schedule B

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 9, Sched. 24.

CONTENTS

PART I
GENERAL

Board objectives, electricity

1 (1) The Board, in carrying out its responsibilities under this or any other Act in relation to electricity, shall be guided by the following objectives:

1. To inform consumers and protect their interests with respect to prices and the adequacy, reliability and quality of electricity service.

1.1 Repealed: 2019, c. 6, Sched. 2, s. 1.

2. To promote economic efficiency and cost effectiveness in the generation, transmission, distribution, sale and demand management of electricity and to facilitate the maintenance of a financially viable electricity industry.

3. To promote electricity conservation and demand management in a manner consistent with the policies of the Government of Ontario, including having regard to the consumer’s economic circumstances.

4. To facilitate innovation in the electricity sector.

5. Repealed: 2020, c. 36, Sched. 34, s. 1.

2004, c. 23, Sched. B, s. 1; 2009, c. 12, Sched. D, s. 1; 2015, c. 29, s. 7; 2019, c. 6, Sched. 2, s. 1; 2020, c. 36, Sched. 34, s. 1.

(2) Repealed: 2016, c. 10, Sched. 2, s. 11.

Section Amendments with date in force (d/m/y)

2002, c. 23, s. 4 (1) - 09/12/2002

2003, c. 3, s. 2- 01/08/2003

2004, c. 23, Sched. B, s. 1 - 01/01/2005

2009, c. 12, Sched. D, s. 1 - 09/09/2009

2015, c. 29, s. 7 - 04/03/2016

2016, c. 10, Sched. 2, s. 11 - 01/07/2016

2019, c. 6, Sched. 2, s. 1 - 01/10/2020

2020, c. 36, Sched. 34, s. 1 - 08/12/2020

Board objectives, gas

2 The Board, in carrying out its responsibilities under this or any other Act in relation to gas, shall be guided by the following objectives:

1. To facilitate competition in the sale of gas to users.

2. To inform consumers and protect their interests with respect to prices and the reliability and quality of gas service.

3. To facilitate rational expansion of transmission and distribution systems.

4. To facilitate rational development and safe operation of gas storage.

5. To promote energy conservation and energy efficiency in accordance with the policies of the Government of Ontario, including having regard to the consumer’s economic circumstances.

5.1 To facilitate the maintenance of a financially viable gas industry for the transmission, distribution and storage of gas.

6. To promote communication within the gas industry. 1998, c. 15, Sched. B, s. 2; 2002, c. 23, s. 4 (2); 2003, c. 3, s. 3; 2004, c. 23, Sched. B, s. 2; 2009, c. 12, Sched. D, s. 2; 2019, c. 6, Sched. 2, s. 2.

Section Amendments with date in force (d/m/y)

2002, c. 23, s. 4 (2) - 09/12/2002

2003, c. 3, s. 3 - 01/08/2003

2004, c. 23, Sched. B, s. 2 - 01/01/2005

2009, c. 12, Sched. D, s. 2 - 09/09/2009

2019, c. 6, Sched. 2, s. 2 (1, 2) - 01/10/2020

Board objectives, implementation plans

2.1 The Board, in exercising its powers and performing its duties under this or any other Act, shall be guided by the objective of facilitating the implementation of any directives issued under subsection 25.30 (2) of the Electricity Act, 1998 in accordance with the implementation plans submitted by the Board and approved under clause 25.31 (5) (a) of that Act, including any amendments submitted by the Board and approved under that clause. 2016, c. 10, Sched. 2, s. 12.

Section Amendments with date in force (d/m/y)

2016, c. 10, Sched. 2, s. 12 - 01/07/2016

Definitions

3 In this Act,

“affiliate”, with respect to a corporation, has the same meaning as in the Business Corporations Act; (“membre du même groupe”)

“associate”, where used to indicate a relationship with any person, means,

(a) any body corporate of which the person owns, directly or indirectly, voting securities carrying more than 50 per cent of the voting rights attached to all voting securities of the body corporate for the time being outstanding,

(b) any partner of that person,

(c) any trust or estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar capacity,

(d) any relative of the person, including the person’s spouse as defined in the Business Corporations Act, where the relative has the same home as the person, or

(e) any relative of the spouse, as defined in the Business Corporations Act, of the person, where the relative has the same home as the person; (“personne qui a un lien”)

“Board” means the Ontario Energy Board; (“Commission”)

“board of directors” means the board of directors of the Board set out under section 4.1; (“conseil d’administration”)

“chief commissioner” means the commissioner who is chief commissioner under section 4.3; (“commissaire en chef”)

“chief executive officer” means the chief executive officer under section 4.2; (“chef de la direction”)

“commissioner” means a commissioner under section 4.3; (“commissaire”)

“construct” means construct, reconstruct, relocate, enlarge or extend; (“construire”)

“distribute”, with respect to electricity, means to convey electricity at voltages of 50 kilovolts or less; (“distribuer”)

“distribution system” means a system for distributing electricity, and includes any structures, equipment or other things used for that purpose; (“réseau de distribution”)

“distributor” means a person who owns or operates a distribution system; (“distributeur”)

“enforceable provision” means,

(a) a provision of this Act or the regulations,

(b) a provision of Part II of the Energy Consumer Protection Act, 2010 or of the regulations made under it,

(c) a provision of Part III of the Energy Consumer Protection Act, 2010 or of the regulations made under it,

(c.1) Repealed: 2020, c. 34, Sched. 14, s. 1.

(c.2) a provision of the Ontario Rebate for Electricity Consumers Act, 2016 or the regulations made under it,

(c.3) section 25.35.8 of the Electricity Act, 1998 or a provision of a regulation made under that section,

(d) subsection 5 (4), (5), (6) or (7) or section 25.33, 25.36, 25.37, 26, 27, 28, 28.1, 29, 30.1, 31, 53.11, 53.13, 53.15, 53.16 or 53.18 of the Electricity Act, 1998, or any other provision of that Act that is prescribed by the regulations,

(e) regulations made under clause 114 (1.3) (f) or (h) of the Electricity Act, 1998,

(f) a condition of a licence issued under Part IV, V or V.1,

(g) a provision of the rules made under section 44 or a code issued under section 70.1, 70.2 or 70.3,

(h) a provision of an order of the Board,

(i) a provision of an assurance of voluntary compliance that is given to the Board under section 112.7 or that was entered into under section 88.8 before that section was repealed, or

(j) a provision of any other Act or the regulations made under an Act, as may be prescribed by regulation; (“disposition exécutoire”)

“fuel oil” means any liquid hydrocarbon within the meaning from time to time of the Canadian General Standards Board specification CAN/CGSB-3.2-M89 entitled FUEL OIL HEATING, CAN/CGSB-3.3-M89 entitled KEROSENE, CAN/CGSB-3.6-M90 entitled AUTOMOTIVE DIESEL FUEL or, when used for heating, cooking or lighting, within the meaning from time to time of CAN/CGSB-3.27-M89 entitled NAPHTHA FUEL; (“mazout”)

“gas” means natural gas, substitute natural gas, synthetic gas, manufactured gas, propane-air gas or any mixture of any of them; (“gaz”)

“gas distributor” means a person who delivers gas to a consumer and “distribute” and “distribution” have corresponding meanings; (“distributeur de gaz”, “distribuer”, “distribution”)

“gas transmitter” means a person who carries gas by hydrocarbon transmission line, and “transmit” and “transmission” have corresponding meanings; (“transporteur de gaz”, “transporter”, “transport”)

“IESO” means the Independent Electricity System Operator established under the Electricity Act, 1998; (“SIERE”)

“land” includes any interest in land; (“bien-fonds”)

“manufactured gas” means any artificially produced fuel gas, except acetylene and any other gas used principally in welding or cutting metals; (“gaz manufacturé”)

“members of the Board” means the individuals who compose the Board under subsection 4 (5); (“membres de la Commission”)

“Minister” means the Minister of Energy or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“oil” means crude oil, and includes any hydrocarbon that can be recovered in liquid form from a pool through a well; (“pétrole”)

“pipe line” means a pipe that carries a hydrocarbon and includes every part of the pipe and adjunct thereto; (“pipeline”)

“pool” means an underground accumulation of oil or natural gas or both, separated or appearing to be separated from any other such underground accumulation; (“gisement”)

“producer” means a person who has the right to remove gas or oil from a well, and “produce” and “production” have corresponding meanings except when referring to documents or records; (“producteur”, “produire”, “production”)

“propane” means a hydrocarbon consisting of 95 per cent or more of propane, propylene, butane or butylene, or any blend thereof; (“propane”)

“rate” means a rate, charge or other consideration and includes a penalty for late payment; (“tarif”)

“regulations” means the regulations made under this Act; (“règlements”)

“renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”)

“renewable energy source” has the same meaning as in the Electricity Act, 1998; (“source d’énergie renouvelable”)

“smart grid” has the same meaning as in the Electricity Act, 1998; (“réseau intelligent”)

“Smart Metering Entity” means the corporation incorporated, the limited partnership or the partnership formed or the entity designated pursuant to section 53.7 of the Electricity Act, 1998; (“Entité...