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O. Reg. 328/03: GENERAL
under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B
Skip to contentOntario Energy Board Act, 1998
general
Consolidation Period: From July 1, 2024 to the e-Laws currency date.
Last amendment: 274/24.
Legislative History: 29/17, 524/20, 274/24.
This is the English version of a bilingual regulation.
Interpretation
0.1 In this Regulation,
“aboriginal or treaty rights” means existing aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982. O. Reg. 274/24, s. 1.
Definition of “low-volume consumer”
1. The amount of gas referred to in the definition of “low-volume consumer” in section 47 of the Act is 50,000 cubic metres. O. Reg. 328/03, s. 1.
Codes issued by Board
2. The Standard Supply Service Code issued by the Board is a prescribed document for the purposes of subsection 70.1 (7) of the Act. O. Reg. 328/03, s. 2.
Leave to construct hydrocarbon line
3. (1) The amount for the projected cost of a proposed hydrocarbon line for the purposes of clause 90 (1) (b) of the Act is $2 million. O. Reg. 328/03, s. 3.
(2) Subsection 90 (1) of the Act applies to the relocation or reconstruction of a hydrocarbon line only if any of the following conditions is met:
1. The diameter of the line is increased.
2. The acquisition of additional land or authority to use additional land is necessary, subject to subsection (3). O. Reg. 274/24, s. 2.
(3) Paragraph 2 of subsection (2) does not apply if the Board makes a determination, on application, that leave under subsection 90 (1) of the Act is not required with respect to the relocation or reconstruction because,
(a) the relocation or reconstruction is to facilitate a priority transit project within the meaning of the Building Transit Faster Act, 2020 or a project by a road authority within the meaning of the Public Service Works on Highways Act, and,
(i) any additional land required for the relocation or reconstruction is under the control of the priority transit project proponent or the road authority, as the case may be, and
(ii) the relocation or reconstruction is undertaken pursuant to an agreement between the applicant and the priority transit project proponent or the road authority that specifies that the cost of the relocation or reconstruction is to be paid for wholly or partly by the priority transit project proponent or the road authority; and
(b) the Board makes a determination that the Crown’s duty to consult, if it applies in respect of the application, has been adequately discharged. O. Reg. 274/24, s. 2.
(4) For the purposes of making a determination under clause (3) (b), the Board shall provide all Indigenous communities that have or may have aboriginal or treaty rights that may be adversely impacted by the proposed hydrocarbon line with a reasonable opportunity to notify the Board of any concerns that the Crown’s duty to consult has not been adequately discharged. O. Reg. 274/24, s. 2.
(5) The Board may, for the purposes of this section, rely on information from the Ministry of Energy and Electrification, if any, as to whether the Crown’s duty to consult applies in respect of the application and the Indigenous communities that have or may have aboriginal or treaty rights that may be adversely impacted by the proposed hydrocarbon line. O. Reg. 274/24, s. 2.
(6) For greater certainty, an application may be made under subsection (3) with respect to the relocation or reconstruction of a hydrocarbon line even if, before the day Ontario Regulation 274/24 made under the Act came into force, the relocation or reconstruction was the subject of an application for leave under subsection 90 (1) of the Act that was refused or not finally determined before that day. O. Reg. 274/24, s. 2.
Exemption under subs. 95 (2) of the Act
3.0.1 (1) The Board shall, on application, make an order under subsection 95 (2) of the Act exempting a person from having to obtain the Board’s leave under subsection 90 (1) of the Act to construct a hydrocarbon line if,
(a) leave is required only by virtue of clause 90 (1) (b) of the Act;
(b) the proposed hydrocarbon line is projected to cost more than the amount specified in section 3 for the purposes of that clause but not more than $10 million; and
(c) the Board makes a determination that the Crown’s duty to consult, if it applies in respect of the application, has been adequately discharged. O. Reg. 274/24, s. 3.
(2) For the purposes of making a determination under clause (1) (c), the Board shall provide all Indigenous communities that have or may have aboriginal or treaty rights that may be adversely impacted by the proposed hydrocarbon line with a reasonable opportunity to notify the Board of any concerns that the Crown’s duty to consult has not been adequately discharged. O. Reg. 274/24, s. 3.
(3) The Board may, for the purposes of this section, rely on information from the Ministry of Energy and Electrification, if any, as to whether the Crown’s duty to consult applies in respect of the application and the Indigenous communities that have or may have aboriginal or treaty rights that may be adversely impacted by the proposed hydrocarbon line. O. Reg. 274/24, s. 3.
(4) For greater certainty, this section applies with respect to the construction of a hydrocarbon line even if, before the day Ontario Regulation 274/24 made under the Act came into force, the construction was the subject of an application for leave under subsection 90 (1) of the Act that was refused or not finally determined before that day. O. Reg. 274/24, s. 3.
Restrictions on appointments
3.1 A person may not be appointed as a member of the board of directors or as chief executive officer if the person has any material interest in or is a director, officer, employee or agent of,
(a) a market participant;
(b) a generator, distributor, gas distributor, transmitter, gas transmitter, storage company, gas marketer or retailer;
(c) a unit sub-meter provider;
(d) the Smart Metering Entity;
(e) a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer;
(f) an industry association that represents a person referred to in clause (a), (b), (c), (d) or (e);
(g) the IESO; or
(h) an affiliate of a person listed in clause (a), (b), (c), (d), (e) or (g). O. Reg. 524/20, s. 1.
Hearing, determination of matters
3.2 For the purposes of subsections 4.1 (17) and 4.3 (8) of the Act, the powers and duties of the Board with respect to the hearing and determination of matters over which it has jurisdiction include powers and duties of the Board with respect to the determination of such matters where a hearing is not required to be held. O. Reg. 524/20, s. 1.
Where written reasons required
3.3 The reference in section 24 of the Act to written reasons of the Board is a reference to written reasons in respect of the hearing or determination of a matter by a panel of one or more commissioners under subsection 4.3 (8) of the Act or by an employee of the Board under section 6 of the Act. O. Reg. 524/20, s. 1.
Transition
4. Despite the revocation of Regulation 869 of the Revised Regulations of Ontario, 1990, any exemption made in that regulation continues according to the terms set out in that regulation as they read on the day before the day this Regulation is filed. O. Reg. 328/03, s. 4.
Transition, Fixing the Hydro Mess Act, 2019
5. (1) In this section,
“transition date” means the day on which subsection 24 (5) of Schedule 2 to the Fixing the Hydro Mess Act, 2019 comes into force. O. Reg. 524/20, s. 2.
(2) For greater certainty, the following instruments that were in effect immediately before the transition date remain in effect as of the transition date, and may be revoked, amended or replaced by the person or entity who, as of the transition date, has the power to make the instrument:
1. Appointments of persons as members of the Market Surveillance Panel under section 4.3.1 of the Act.
2. Delegations made under section 6 of the Act.
3. Fees set under section 12.1 of the Act.
4. Forms approved under section 13 of the Act.
5. Assessments made under section 26 of the Act.
6. Rules made under section 44 of the Act or deemed to have been made under section 130 of the Act.
7. Codes issued or deemed to have been issued under section 70.1 of the Act.
8. Appointments of persons as inspectors under section 106 of the Act.
9. Rules governing practice and procedure made on behalf of the Board under section 25.1 of the Statutory Powers Procedure Act. O. Reg. 524/20, s. 2.
6. Revoked: O. Reg. 524/20, s. 2.