The Ontario Government recently introduced the Keeping Ontario Energy Costs Down Act, 2024 (the Act). If passed, the Act will provide the government with significant new authority to influence or direct fundamental questions in future leave to construct applications that come before the Ontario Energy Board (the OEB or Board). In addition, the Act would reverse aspects of a December 21, 2023, decision by the Ontario Energy Board relating to Enbridge Gas Inc.’s (Enbridge) application for approval of its natural gas rates for the period starting January 1, 2024 (the Enbridge Decision). This bulletin provides key details of the Enbridge Decision and outlines the significant proposed amendments of the Act. The Enbridge Decision, which represents the focal point for much of the government’s statements concerning the Act, arises from a complex regulatory proceeding lasting more than one year, involving approximately one month of hearings and thousands of pages of evidence, and implicating the participation of large numbers of intervenors and expert witnesses. The aspect of the Enbridge Decision that has attracted the most public attention was the OEB’s decision to eliminate Enbridge’s ability to recover the cost of new customer connections to the existing gas network over a 40-year period (i.e., revenue or amortization horizon), meaning those costs would now be recovered upfront. These costs are estimated at approximately $4,412 (weighted average of new construction and existing homes in the “Enbridge Gas Distribution” rate zone). The majority decision’s rationale was based on the need to facilitate an informed choice concerning the full lifetime cost of available energy options and to completely mitigate the stranded asset cost risk. The existing 40-year recovery period attracted criticism from certain parties intervening in the proceedings on the basis that, among others, it does not adequately account for the risk that the ongoing energy transition may result in natural gas assets being replaced over a shorter period, which…
Ontario Premier Doug Ford yesterday announced that the government intends to introduce legislation next week that would require a referendum before any new provincial carbon pricing system could be implemented in the province. The measure is expected to be part of new legislation, the “Get It Done Act” (the Act), which is set to be tabled in the upcoming legislative session starting February 20, 2024. A carbon pricing referendum would only apply to proposed provincial measures and not the federal backstop carbon pricing system under the Greenhouse Gas Pollution Pricing Act (GGPPA) that went into effect in Ontario after the provincial government cancelled Ontario’s cap-and-trade system. Premier Ford noted that the aim of the Act is to give voters a direct say over any new provincial carbon tax, cap-and-trade system, or other carbon pricing program, and emphasized the importance of keeping costs low for residents and businesses. The Act is expected to include a host of measures that build on the government’s commitments to streamline approvals for major infrastructure projects and housing, lower costs for people and businesses, and support economic growth. Ontario’s Finance Minister Peter Bethlenfalvy (the Minister) stated that the government made a promise to fight the federal fuel charge (see our bulletin on the Supreme Court of Canada’s decision upholding the constitutionality of the GGPPA here) and that it would continue to lead by example by “giving Ontarians certainty that carbon pricing on the backs of taxpayers is not the way forward.” The Minister suggested that “[a]ny new provincial carbon tax is unacceptable for Ontario residents who are seeing their hard-earned dollars stretched further than ever.” The provincial government also called on the federal government to expand the temporary pause on the application of the federal fuel charge for home heating or to eliminate the federal carbon fuel charge entirely. For further information or to discuss the contents…
Ontario Premier Doug Ford today announced members of his new Cabinet. The new Executive Council has increased by three to 30 members and includes seven women, down from nine, and seven people of colour. The new Executive Council largely resembles Premier Ford’s Cabinet prior to the recent election on June 2, with a few notable exceptions, including the now former Minister of Health, Christine Elliot, who did not seek re-election, and Lisa MacLeod, the now former Minister of Heritage, Sport, Tourism. The ministers responsible for environment and energy portfolios remain the same. The new Executive Council is as follows: Doug Ford, Premier of Ontario and Minister of Intergovernmental Affairs Sylvia Jones, Deputy Premier and new Minister of Health Peter Bethlenfalvy, Minister of Finance Paul Calandra, Minister of Long-Term Care, Minister of Legislative Affairs and Government House Leader Raymond Cho, Minister for Seniors and Accessibility Steve Clark, Minister of Municipal Affairs and Housing Doug Downey, Attorney General Jill Dunlop, Minister of Colleges and Universities Vic Fedeli, Minister of Economic Development, Job Creation and Trade, with an additional mandate for small business Michael Ford, Minister of Citizenship and Multiculturalism Merrilee Fullerton, Minister of Children, Community and Social Services Parm Gill, the new Minister of Red Tape Reduction Michael Kerzner, the new Solicitor General Stephen Lecce, Minister of Education Neil Lumsden, the new Minister of Tourism, Culture and Sport Monte McNaughton, Minister of Labour, Immigration, Training and Skills Development Caroline Mulroney, Minister of Transportation and Minister of Francophone Affairs David Piccini, Minister of the Environment, Conservation and Parks Graydon Smith, Minister of Natural Resources and Forestry George Pirie, Minister of Mines, with a mandate to develop the Ring of Fire Kaleed Rasheed, the new Minister of Public and Business Service Delivery Greg Rickford, Minister of Northern Development and Minister of Indigenous Affairs Prabmeet…
The provincial government last week introduced Bill 13, Supporting People and Businesses Act, 2021, which includes legislative amendments to the Ontario Energy Board Act (OEB Act) and the Electricity Act. Changes to the OEB Act include: removing the upper limit on the number of commissioners and providing that the Labour Relations Act does not apply to commissioners; and providing for a single process for ministerial review of certain by-laws made by the board of directors of the OEB. Changes to the Electricity Act include: creating a two-year limitation period that applies to certain payments, adjustments, and amounts settled by the IESO; and replacing current administrative penalties in Part VIII of the Act (which provides for the Electrical Safety Authority (ESA)) and empowering the ESA to order a person to pay an administrative penalty if the person has contravened a prescribed provision of Part VIII or the regulations made under it; certain restrictions, limitations or conditions of a prescribed authorization; or a prescribed order of the ESA. For further information or to discuss the contents of this bulletin, please contact Lisa DeMarco at lisa@resilientllp.com.