PART II THE BOARD
Commissioners
4.3 (1) The board of directors shall, on the recommendation of the chief executive officer, appoint at least five commissioners for the hearing and determination of matters over which the Board has jurisdiction in accordance with this section. 2019, c. 6, Sched. 2, s. 5; 2021, c. 34, Sched. 18, s. 1 (1). Restriction on appointment (2) The following persons are not eligible to be appointed as a commissioner: 1.  A person who has any material interest in or is a director, officer, employee or agent of, i.  a market participant, ii.  a generator, distributor, gas distributor, transmitter, gas transmitter, storage company, gas marketer or retailer, iii.  a unit sub-meter provider, iv.  the Smart Metering Entity, v.  a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer, vi.  an industry association that represents a person referred to in subparagraph i, ii, iii, iv or v, vii.  the IESO, or viii.  an affiliate of a person listed in subparagraph i, ii, iii, iv, v or vii. 2.  Any person or class of persons prescribed by the regulations. 2020, c. 36, Sched. 34, s. 4. Chief commissioner (3) The board of directors shall, on the recommendation of the chief executive officer, appoint a commissioner to the position of chief commissioner. 2019, c. 6, Sched. 2, s. 5. Fixed terms (4) The appointment of a person to the position of commissioner under subsection (1) or chief commissioner under subsection (3) shall be for a fixed term, and may not be revoked without cause. 2019, c. 6, Sched. 2, s. 5. Term of initial appointment (5) The first term of office of a person who is appointed to the position of commissioner under subsection (1) or chief commissioner under subsection (3) shall not exceed two years. 2019, c. 6, Sched. 2, s. 5. Reappointment (6) A person appointed to the position of commissioner under subsection (1) or chief commissioner under subsection (3) may be reappointed for one or more terms of up to five years each. 2019, c. 6, Sched. 2, s. 5. Non-application of Labour Relations Act, 1995 (6.1) The Labour Relations Act, 1995 does not apply to commissioners. 2021, c. 34, Sched. 18, s. 1 (2). Panels (7) The chief commissioner may assign one or more commissioners to a panel. 2019, c. 6, Sched. 2, s. 5. Exercise of Board jurisdiction over matters (8) Except where this Act provides otherwise and subject to the regulations, the powers and duties of the Board with respect to the hearing and determination of matters over which it has jurisdiction may be exercised and shall be performed by panels of commissioners assigned for the purpose by the chief commissioner under subsection (7). 2019, c. 6, Sched. 2, s. 5. Same (9) For the purposes of subsection (8), a panel has all the jurisdiction of the Board. 2019, c. 6, Sched. 2, s. 5. Same (10) A commissioner assigned to a panel under subsection (8) shall not exercise any power or perform any duty of the Board except as a member of a panel to which he or she has been assigned. 2019, c. 6, Sched. 2, s. 5. Duties of chief commissioner (11) The chief commissioner shall, (a)  ensure the efficiency, timeliness and dependability of the hearing and determination of matters over which the Board has jurisdiction, including by directing and supervising commissioners with respect to efficiency, timeliness and dependability; (b)  report to the chief executive officer with respect to the efficiency, timeliness and dependability of the hearing and determination of matters over which the Board has jurisdiction; (c)  be responsible for the training of commissioners; (d)  perform such other duties as are assigned to the chief commissioner under this or any other Act. 2019, c. 6, Sched. 2, s. 5. Deputy chief commissioner (12) The chief commissioner may designate another commissioner as deputy chief commissioner, and the deputy chief commissioner may exercise the powers and perform the duties of the chief commissioner if the chief commissioner is absent or unable to act. 2019, c. 6, Sched. 2, s. 5. Rules of practice and procedure (13) The Board’s authority to make rules under section 25.1 of the Statutory Powers Procedure Act governing practice and procedure respecting the hearing and determination of matters over which the Board has jurisdiction shall be exercised by the chief commissioner on behalf of the Board. 2019, c. 6, Sched. 2, s. 5. Transition, existing members of the Board (14) Despite subsection (1), any person who was a member of the Board immediately before the day section 5 of Schedule 2 to the
Fixing the Hydro Mess Act, 2019 came into force, other than the chair, becomes a commissioner on that day, and may continue to hold that position for the remainder of his or her term. 2019, c. 6, Sched. 2, s. 5. Same (15) A person who holds the position of commissioner under subsection (14) is entitled to the same remuneration to which he or she was entitled as a member of the Board immediately before the day referred to in that subsection. 2019, c. 6, Sched. 2, s. 5. Transition, appointments (16) Until the second anniversary of the day referred to in subsection (14), the appointment and any reappointment of the chief commissioner and of any commissioners shall be by the Lieutenant Governor in Council, despite subsections (1) and (3). 2019, c. 6, Sched. 2, s. 5. Same (17) For the purposes of subsection (16), the Lieutenant Governor in Council may appoint as chief commissioner a commissioner appointed under that subsection or a commissioner who holds the position under subsection (14). 2019, c. 6, Sched. 2, s. 5. Same (18) The term of a person appointed or reappointed as a commissioner or chief commissioner under subsection (16) shall end no later than the second anniversary of the day section 5 of Schedule 2 to the Fixing the Hydro Mess Act, 2019 comes into force. 2019, c. 6, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 8 - 01/08/2003 2019, c. 6, Sched. 2, s. 5 - 01/10/2020 2020, c. 36, Sched. 34, s. 4 - 08/12/2020 2021, c. 34, Sched. 18, s. 1 (1, 2) - 02/12/2021