PART II THE BOARD
Market Surveillance Panel
4.3.1 (1) The Market Surveillance Panel established by the board of directors of the Independent Electricity Market Operator under subsection 13 (1) of the Electricity Act, 1998 as it read on January 1, 2004 is continued as the Market Surveillance Panel of the Board. 2004, c. 23, Sched. B, s. 3. Appointment (2) The board of directors shall appoint the members of the Market Surveillance Panel. 2004, c. 23, Sched. B, s. 3; 2019, c. 6, Sched. 2, s. 28 (1). Membership (3) No person shall be appointed as a member of the Market Surveillance Panel if he or she has any material interest in a market participant or is a director, officer, employee or agent of, (a)  a generator, distributor, transmitter or retailer; (b)  a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer; (c)  a market participant; (d)  an industry association that represents a person referred to in clause (a), (b) or (c); (e)  Repealed: 2014, c. 7, Sched. 23, s. 2 (1). (f)  the IESO; or (g)  an affiliate of a person listed in clause (a), (b), (c) or (f). 2004, c. 23, Sched. B, s. 3; 2014, c. 7, Sched. 23, s. 2. Same (4) Subsection (3) applies only with respect to persons who first become members of the Market Surveillance Panel on or after the day subsection (3) comes into force. 2004, c. 23, Sched. B, s. 3. Staff and assistance (5) Subject to the by-laws made under section 4.10, the Market Surveillance Panel may use the services of employees of the Board and the IESO, with the consent of their employers, and of persons who have technical or professional expertise that the panel considers necessary. 2004, c. 23, Sched. B, s. 3. Testimony (6) A person who is a member of the Market Surveillance Panel or an employee of the IESO or the Board and who is acting on behalf of the Panel shall not be required in any civil proceeding to give testimony with respect to information obtained in the course of his or her duties. 2004, c. 23, Sched. B, s. 3. Law enforcement information (7) A record that contains information provided to or obtained by the Market Surveillance Panel and that is designated by the Panel as relating to activity in the IESO-administered markets or to the conduct of a market participant shall be deemed, for the purpose of section 14 of the Freedom of Information and Protection of Privacy Act, to be a record the disclosure of which could reasonably be expected to interfere with a law enforcement matter. 2004, c. 23, Sched. B, s. 3. Confidential information relating to market participant (8) A record that contains information provided to or obtained by the Market Surveillance Panel relating to a market participant and that is designated by the Panel as confidential or highly confidential shall be deemed, for the purpose of section 17 of the Freedom of Information and Protection of Privacy Act, to be a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. 2004, c. 23, Sched. B, s. 3. Regulations (9) The Lieutenant Governor in Council may make regulations, (a)  prescribing a day on which the Market Surveillance Panel is dissolved and the Board commences to exercise the powers and perform the duties of the Panel under this or any other Act; (b)  governing the application, after the dissolution of the Panel, of any provision of this or any other Act that relates to the Market Surveillance Panel or its powers or duties. 2004, c. 23, Sched. B, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 3 - 01/01/2005 2014, c. 7, Sched. 23, s. 2 - 01/01/2015 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020