The following recommendations are to be taken as a whole, rather than considered individually, and are intended to reinforce the OEB's core function as an economic regulator. Taken together, these recommendations identify opportunities to improve confidence in Ontario's regulatory system and point towards opportunities to strengthen public trust.

The Panel's recommendations to support regulatory excellence are:

  1. The Panel recommends the establishment of a new governance framework which would include a Board of Directors with a non-executive Chair (the Board), a President, and a Chief Commissioner responsible for adjudication. The Panel further recommends that the Ontario Energy Board be renamed the Ontario Energy Regulator (OER).
  2. The Panel recommends that the Board ask the President and the Chief Commissioner to develop, within six months of their appointment, a plan to enhance the independence, the certainty and the efficiency of the adjudication process.
  3. The Panel recommends that the Chair of the Board and the President inform the Legislative Assembly's Standing Committee on Government Agencies of the OER's plans, priorities and performance. The first appearance should be scheduled one year after the appointment of the Board and every three years after that. The Panel also recommends that section 128.1 of the Ontario Energy Board Act, 1998 requiring the Minister to commission a report on the agency's effectiveness every five years and have it tabled in the Legislature, be implemented.
  4. The Panel recommends that the Board ask the President and Chief Commissioner, with the input of stakeholders and other interested parties, to develop new key performance indicators (KPIs) that focus on matters such as decision cycle time, stakeholder satisfaction, and organizational excellence.
  5. The Panel recommends that the Board ask the President and Chief Commissioner to develop and maintain a prioritized list and schedule of emerging policy issues to address. When addressing this list, the OER should make use of consultation approaches that promote transparency and inclusivity in the development of policies, including generic proceedings. The Panel further recommends that within the first year of the appointment of the Board, the issue of regulatory treatment of innovation be addressed in a generic proceeding.
  6. The Panel recommends that the Board ask the President to undertake, within three months of appointment, a financial review of the operations of the OER with a view towards ensuring best practices are implemented and that expenditures are appropriate for delivering priorities.
  7. The Panel recommends that the Annual Report be enhanced to include additional financial, operational and performance information.
  8. The Panel recommends that the Board ask the President to develop for the Board's consideration and review a human capital plan. This plan would ensure that the staff skillset reflects the evolving needs of the regulator and is capable of responding to the challenges facing the regulation of the energy sector.

The Panel is confident that these recommendations, when implemented, would enhance independence, accountability, certainty, efficiency, and effectiveness in the OER's governance and operations.