Brave New World at the OEB

This paper will highlight some of the concerns associated with having the economic regulator of the energy sector engaged in the development of broader social policy, acting on cues from the government of the day. [...] This commentary is in no way intended to comment on the relative merits of any of the proposals or positions taken by the parties in the case, nor is it intended to canvass all of the areas under consideration in it. [...] Some five months after the mandate letter, on February 17, 2015, the Minister of Energy, the minister responsible for the OEB, sent a letter to the Chair of the OEB explicitly encouraging the Board “. to move forward on a timely basis on its plans to examine opportunities to facilitate access to natural gas services to more communities. [...] Directions from the Minister of Energy are mandatory directions to the Board to execute the contents of the direction without amendment or alteration. [...] In any event, in this case the Board acted to incite gas infrastructure expansions on the basis of the government’s stated policy objectives, and in the absence of a statutory direction from the Minister of Energy pursuant to the Ontario Energy Board Act.