hordruma/ontario_laws_and_regs huggingface dataset:
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protect their interests with respect to prices and the adequacy, reliability and quality of electricity service. 1.1  Repealed: 2019, c. 6, Sched. 2, s. 1. 2.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  Repealed: 2020, c. 36, Sched. 34, s. 1. 2004, c. 23, Sched.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 (2) Repealed: 2016, c. 10, Sched. 2, s. 11.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
PART I GENERAL
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
PART I GENERAL
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
PART II THE BOARD
Board continued
4 (1) The Ontario Energy Board is continued as a corporation without share capital under the name Ontario Energy Board in English and Commission de l’énergie de l’Ontario in French. 2003, c. 3, s. 5 (2). Powers (2) The Board has the capacity and the rights, powers and privileges of a natural person for the purpose of exercising and performing its powers and duties under this or any other Act, except as otherwise provided in this Act. 2003, c. 3, s. 5 (4). Duties (3) The Board shall perform the duties assigned to it under this or any other Act. 2003, c. 3, s. 5 (4). Crown agency (4) The Board is an agent of Her Majesty in right of Ontario, and its powers may be exercised only as an agent of Her Majesty. 2003, c. 3, s. 5 (4). Composition of the Board (5) The Board shall be composed of, (a)  a board of directors; (b)  a chief executive officer; (c)  commissioners, including a chief commissioner; and (d)  any other person or class of persons prescribed by the regulations, appointed in accordance with the regulations. 2019, c. 6, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 5 - 01/08/2003 2019, c. 6, Sched. 2, s. 4 - 01/10/2020
PART II THE BOARD
Chief executive officer
4.2 (1) The board of directors shall appoint a person to the position of chief executive officer of the Board. 2019, c. 6, Sched. 2, s. 5. Duties of chief executive officer (2) The chief executive officer shall be responsible for the efficient and effective management of the operations of the Board, and shall perform such other duties as are assigned to the chief executive officer under this or any other Act. 2019, c. 6, Sched. 2, s. 5. Restriction on appointment (3) A person who is a person or in a class of persons prescribed by the regulations is not eligible to be appointed as chief executive officer. 2019, c. 6, Sched. 2, s. 5; 2020, c. 36, Sched. 34, s. 3. Not a director (4) The chief executive officer is an officer of the Board and not a member of its board of directors. 2019, c. 6, Sched. 2, s. 5. Participation (5) The chief executive officer may attend and participate at any meeting of the board of directors, but shall not have a vote with respect to any matter to be decided at the meeting. 2019, c. 6, Sched. 2, s. 5. Exception (6) Despite subsection (5), the board of directors may exclude the chief executive officer from attending any meeting if a matter to be discussed at the meeting involves the position, performance or functions and duties of the chief executive officer. 2019, c. 6, Sched. 2, s. 5. No interference (7) For greater certainty, no power given to the chief executive officer under this or any other Act permits the chief executive officer to interfere with or influence the hearing or determination of a matter over which the Board has jurisdiction. 2019, c. 6, Sched. 2, s. 5. Transition, appointment (8) Until the second anniversary of the day section 5 of Schedule 2 to the Fixing the Hydro Mess Act, 2019
comes into force, the appointment and any reappointment of a chief executive officer shall be by the Lieutenant Governor in Council, despite subsection (1). 2019, c. 6, Sched. 2, s. 5. Same (9) The term of a person who becomes chief executive officer under subsection (8) 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. 7 - 01/08/2003 2009, c. 12, Sched. D, s. 4 - 01/03/2010 2019, c. 6, Sched. 2, s. 5 - 01/10/2020 2020, c. 36, Sched. 34, s. 3 - 08/12/2020 Commissioners and panels
PART II THE BOARD
Stakeholder input
4.4 The Board shall establish one or more processes by which consumers, distributors, generators, transmitters and other persons who have an interest in the electricity industry may provide advice and recommendations for consideration by the Board. 2004, c. 23, Sched. B, s. 4. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 9 - 01/08/2003 2004, c. 23, Sched. B, s. 4 - 01/01/2005
PART II THE BOARD
Consumer advocacy
4.4.1 (1) The Board shall establish one or more processes by which the interests of consumers may be represented in proceedings before the Board, through advocacy and through any other modes of representation provided for by the Board. 2015, c. 29, s. 8. Regulations (2) The Lieutenant Governor in Council may make regulations governing the process or processes under subsection (1). 2015, c. 29, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 8 - 04/03/2016
PART II THE BOARD
Memorandum of understanding
4.6 (1) Every three years beginning with the Board’s fiscal year in which subsection 7 (1) of Schedule 2 to the Fixing the Hydro Mess Act, 2019 came into force, the chair of the board of directors, on behalf of the Board, and the Minister shall, in accordance with such directives as may be issued by the Management Board of Cabinet, enter into a memorandum of understanding setting out, (a)  the respective roles and responsibilities of the Minister, the chair and the board of directors; (b)  the accountability relationships between the chair, the board of directors and the Minister; (c)  limitations on the Board’s powers to borrow and invest; (d)  the responsibility of the chair and the board of directors to provide the Minister with business plans, operational budgets and plans for proposed significant changes in the operations or activities of the Board; (e)  details of any obligations that require the board of directors to establish performance standards for the Board; (f)  any other matter required by a directive issued by the Management Board of Cabinet; and (g)  any other matter the parties consider necessary or appropriate. 2019, c. 6, Sched. 2, s. 6 (1). Same (2) The Board shall comply with the memorandum of understanding in exercising its powers and performing its duties under this Act, but the failure to do so does not affect the validity of any action taken by the Board or give rise to any rights or remedies by any person, other than rights or remedies provided by the memorandum of understanding. 2003, c. 3, s. 11. Publication (3) The board of directors shall publish the memorandum of understanding on the Board’s website on the Internet as soon as practicable after the memorandum is entered into. 2003, c. 3, s. 11; 2019, c. 6, Sched. 2, s. 6 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2019, c. 6, Sched. 2, s. 6 (1, 2) - 01/10/2020
PART II THE BOARD
Minister’s request for information
4.7 (1) The board of directors shall promptly give the Minister such information about the Board’s activities, operations and financial affairs as the Minister requests. 2003, c. 3, s. 11; 2019, c. 6, Sched. 2, s. 28 (1). Examination (2) The Minister may designate a person to examine any financial or accounting procedures, activities or practices of the Board and report the results of the examination to the Minister. 2003, c. 3, s. 11. Duty to assist, etc. (3) The members and employees of the Board shall give the person designated by the Minister all the assistance and co-operation necessary to enable him or her to complete the examination. 2003, c. 3, s. 11. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020
PART II THE BOARD
Financial statements
4.8 (1) The board of directors shall cause annual financial statements to be prepared for the Board in accordance with generally accepted accounting principles. 2019, c. 6, Sched. 2, s. 7 (1). Same (2) The financial statements must present the financial position, results of operations and changes in the financial position of the Board for its most recent fiscal year. 2003, c. 3, s. 11. Auditors (3) The board of directors shall appoint one or more auditors licensed under the Public Accounting Act, 2004
to audit the financial statements of the Board for each fiscal year. 2003, c. 3, s. 11; 2004, c. 8, s. 46; 2019, c. 6, Sched. 2, s. 7 (2). Auditor General (4) The Auditor General may also audit the financial statements of the Board. 2003, c. 3, s. 11; 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2004, c. 8, s. 46 - 01/11/2005; 2004, c. 17, s. 32 - 30/11/2004 2019, c. 6, Sched. 2, s. 7 (1, 2) - 01/10/2020
PART II THE BOARD
Annual report
4.9 (1) The Board shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the Board’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 33. Same (2) The Board shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a)  the form and content of the annual report; and (b)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 33. Same (3) In addition to any content specified under clause (2) (a), the annual report shall include, (a)  details of steps taken by the board of directors to simplify or streamline practices and procedures in relation to the Board’s regulatory functions; and (b)  any other content the Minister requires. 2019, c. 6, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11
- 01/08/2003 2017, c. 34, Sched. 46, s. 33 - 01/01/2018 2019, c. 6, Sched. 2, s. 8 - 01/10/2020
PART II THE BOARD
Tabling of annual report
4.9.1 The Minister shall table the Board’s annual report in the Assembly no later than 30 days after determining that the annual report meets the requirements of section 4.9 and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when and how to make that determination. 2017, c. 34, Sched. 46, s. 33. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 33 - 01/01/2018
PART II THE BOARD
Restrictions on Board powers
4.11 The Board shall not, without the approval of the Lieutenant Governor in Council, (a)  create a subsidiary; (b)  purchase or sell real property; (c)  borrow money, pledge, mortgage or hypothecate any of its property, or create or grant a security interest in any of its property; (d)  enter into a contract of a class prescribed by the regulations; or (e)  exercise other rights, powers or privileges under subsection 4 (2) that are prescribed by the regulations. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003
PART II THE BOARD
Purchases and loans by Province
4.12 (1) The Minister of Finance, on behalf of Ontario, may purchase securities of or make loans to the Board in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council considers expedient. 2003, c. 3, s. 12. Same (2) The Minister of Finance may pay from the Consolidated Revenue Fund the money necessary for a purchase or loan made under subsection (1). 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003
PART II THE BOARD
Authority re income
4.13 (1) Despite Part I of the Financial Administration Act and subject to subsection 26.1 (5), revenue from the exercise of a power conferred or the discharge of a duty imposed on the Board or the board of directors under this or any other Act, and the investments held by the Board, do not form part of the Consolidated Revenue Fund and, subject to this section, shall be applied to carrying out the powers conferred and duties imposed on the Board under this or any other Act. 2003, c. 3, s. 12; 2009, c. 12, Sched. D, s. 5; 2019, c. 6, Sched. 2, s. 28. Same (2) The revenue referred to in subsection (1) includes the following: 1.  Fees payable under section 12.1. 2.  Assessments payable under section 26. 3.  Costs payable to the Board under section 30. 4.  Administrative penalties payable under section 112.5. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 2009, c. 12, Sched. D, s. 5 - 01/03/2010 2019, c. 6, Sched. 2, s. 28 (1, 2) - 01/10/2020
PART II THE BOARD
Collection of personal information
4.14 The Board may collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act for the purpose of carrying out its duties and exercising its powers under this or any other Act. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003
PART II THE BOARD
Non-application of certain Acts
4.15 The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply with respect to the Board. 2003, c. 3, s. 12; 2017, c. 20, Sched. 8, s. 109. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 2017, c. 20, Sched. 8, s. 109 - 19/10/2021
PART II THE BOARD
Members and employees
4.16 (1) Repealed:  2006, c. 35, Sched. C, s. 98. Not employees (2) The members of the board of directors are not its employees, and shall not hold any other office in the Board or be employed by it in any other capacity. 2019, c. 6, Sched. 2, s. 10 (1). Conflict of interest, indemnification (3) Sections 132 (conflict of interest) and 136 (indemnification) of the Business Corporations Act
apply with necessary modifications with respect to the Board as if the Minister were its sole shareholder and, for the purposes of section 136 of that Act, commissioners including the chief commissioner are deemed to be a director or officer of the Board. 2003, c. 3, s. 12; 2019, c. 6, Sched. 2, s. 10 (2). Agreement for services (4) The Board and a ministry of the Crown may enter into agreements for the provision by employees of the Crown of any service required by the Board to carry out its duties and powers, and the Board shall pay the agreed amount for services provided to it. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 2006, c. 35, Sched. C, s. 98 - 20/08/2007 2019, c. 6, Sched. 2, s. 10 (1, 2) - 01/10/2020
PART II THE BOARD
Registrar
5 The chief executive officer shall appoint a registrar of the Board from among the Board’s employees. 2019, c. 6, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003 2019, c. 6, Sched. 2, s. 11 - 01/10/2020
PART II THE BOARD
Delegation of Board’s powers and duties
6 (1) Subject to the by-laws made under section 4.10 and to the approval of the chief executive officer, the chief commissioner may in writing delegate any power or duty of the Board that may be exercised or shall be performed under subsection 4.3 (8) to an employee of the Board who is not a member of the Board. 2019, c. 6, Sched. 2, s. 12 (1). Exceptions (2) Subsection (1) does not apply to the following powers and duties: 1.  Hearing and determining an appeal under section 7 or a review under section 8. 2.  The power to make an order against a person under section 112.3, 112.4 or 112.5, if the person gives notice requiring the Board to hold a hearing under section 112.2. 3.  A power or duty prescribed by the regulations. 2019, c. 6, Sched. 2, s. 12 (1). Conditions and restrictions (3) A delegation under this section is subject to such conditions and restrictions as the chief commissioner may specify in writing. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 12 (2). No hearing (4) An employee of the Board may exercise powers and duties that are delegated under this section without holding a hearing. 2003, c. 3, s. 13. Statutory Powers Procedure Act (5) If an employee of the Board holds a hearing pursuant to this section, the Statutory Powers Procedure Act
applies to the same extent as if a panel of commissioners were holding the hearing. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 12 (3). Review by employee (6) An employee of the Board who makes an order pursuant to this section may, within a reasonable time after the order is made and if he or she considers it advisable, review all or part of the order, and may confirm, vary or cancel the order. 2003, c. 3, s. 13. Transfer to Board (7) At any time before an employee of the Board makes an order in respect of a matter pursuant to this section, the chief commissioner may direct that the matter be transferred to the Board for determination. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 12 (4). Effect of employees’ orders, etc. (8) Anything done by an employee of the Board pursuant to this section shall be deemed, for the purpose of this or any other Act, to have been done by the Board. 2003, c. 3, s. 13. Application of s. 33 (9) Despite subsection (8), section 33 and subsection 38 (4) do not apply to an order made by an employee of the Board pursuant to this section. 2003, c. 3, s. 13; 2009, c. 33, Sched. 2, s. 51 (1). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003 2009, c. 33, Sched. 2, s. 51 (1) - 15/12/2009 2019, c. 6, Sched. 2, s. 12 (1-4) - 01/10/2020
PART II THE BOARD
Appeal from delegated function
7 (1) A person directly affected by an order made by an employee of the Board pursuant to section 6 may, within 15 days after receiving notice of the order, appeal the order to the Board. 2003, c. 3, s. 13. Exception (2) Subsection (1) does not apply to, (a)  a person who did not make submissions to the employee after being given notice of the opportunity to do so; or (b)  a person who did not give notice requiring the Board to hold a hearing under section 112.2, in the case of an order made by the employee under section 112.3, 112.4 or 112.5. 2003, c. 3, s. 13. Parties (3) The parties to the appeal are: 1.  The appellant. 2.  The applicant, if the order is made in a proceeding commenced by an application. 3.  The employee who made the order. 4.  Any other person added as a party by the Board. 2003, c. 3, s. 13. Powers of Board (4) The Board may confirm, vary or cancel the order. 2003, c. 3, s. 13. Stay (5) An appeal under this section does not stay the order of the employee, unless the Board orders otherwise. 2003, c. 3, s. 13. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003
PART II THE BOARD
Review of delegated function
8 (1) The chief commissioner may, on his or her own motion, within 15 days after the making of an order by an employee of the Board pursuant to section 6, direct the Board to review the order. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 13. Parties (2) The parties to the review are: 1.  Every person directly affected by the order, including, if the order is made in a proceeding commenced by an application, the applicant. 2.  The employee who made the order. 3.  Any other person added as a party by the Board. 2003, c. 3, s. 13. Exception (3) Despite paragraph 1 of subsection (2), a person is not a party to the review if the person did not make submissions to the employee after being given notice of the opportunity to do so. 2003, c. 3, s. 13. Application of subss. 7 (4) and (5) (4) Subsections 7 (4) and (5) apply, with necessary modifications, to a review under this section. 2003, c. 3, s. 13. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003 2019, c. 6, Sched. 2, s. 13 - 01/10/2020
PART II THE BOARD
Power to administer oaths
9 The registrar of the Board and an inspector appointed under section 106 has, in carrying out his or her duties under this Act, the same powers as a commissioner for taking affidavits in Ontario. 2003, c. 3, s. 14; 2019, c. 6, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 14 - 01/08/2003 2019, c. 6, Sched. 2, s. 29 - 01/10/2020
PART II THE BOARD
Liability
11 (1) No action or other civil proceeding shall be commenced against any of the following persons for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under any Act or regulation or for any neglect or default in the exercise or performance in good faith of such a power or duty: 1.  A member of the Board. 2.  An officer, employee or agent of the Board. 3.  A member of the Market Surveillance Panel. 4.  An officer, employee or agent of the IESO acting on behalf of the Market Surveillance Panel. 2004, c. 23, Sched. B, s. 6. Same (2) A member of the Board is not liable for an act, an omission, an obligation or a liability of the Board or its employees. 2003, c. 3, s. 15. Crown liability (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsections (1) and (2) do not relieve the Crown of any liability to which it would otherwise be subject in respect of a tort committed by any person referred to in subsection (1) or (2). 2003, c. 3, s. 15; 2019, c. 7, Sched. 17, s. 132. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 15 - 01/08/2003 2004, c. 23, Sched. B, s. 6 - 01/01/2005 2019, c. 7, Sched. 17, s. 132 - 01/07/2019