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Posted in: Ontario | Ratemaking | Energy Policy

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Financial Accountability Office Finds Partial Sale of Hydro One Will Cost Ontarians in the Long Term By David Stevens Feb 22, 2018 Ontario completed its final sale of Hydro One shares in December 2017, having generated an estimated $9.2 billion in proceeds by selling 53% of Hydro One. On February 12, 2018, Ontario’s Financial Accountability Office released a report titled “Hydro One: Updated Analysis of the Partial Sale of H...

Posted in: Facilities | Ontario | Energy Policy

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Ontario Issues Canada’s Largest Green Bond By David Stevens Feb 20, 2018 On February 14, the Ontario government announced that it had successfully issued a $1 billion green bond. This is the fourth green bond issued by the Government of Ontario, following three successful earlier green bond issuances: a $500 million four-year issue in 2014, a $750 million seven-year i...

Posted in: Ontario | Consumer Protection

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Ontario Publishes Documentation Requirements for Exempt HVAC Door-to-Door Transactions By David Stevens Feb 12, 2018 Recently, we wrote about new provisions of the Ontario Consumer Protection Act (CPA) that will prohibit a range of door-to door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” unenforceable for HVAC equipment and other items...

Posted in: Ontario | Ratemaking | Energy Insider | Consumer Protection

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OEB Announces Additional RPP Pricing Pilot Program Approvals By David Stevens Feb 06, 2018 The Ontario Energy Board (OEB) has recently announced another participant in its Regulated Price Plan (RPP) pricing pilot program. CustomerFirst will test two different RPP pricing pilots in the service territories of 6 distributors: Newmarket-Tay Power Distribution Ltd., Greater Sudbury Hydro In...

Posted in: Ontario Court of Appeal | Ontario | Health and Safety

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Court of Appeal Upholds Decision in Kazenelson Criminal Negligence Case By Cynthia R. C. Sefton Feb 05, 2018 Individuals in Canada who have the authority to direct how another person does work or performs a task have a duty under s. 217.1 of the Criminal Code to take reasonable steps to prevent bodily harm to that person or to any other person from that work or task. All such individuals, who are also l...

Posted in: Consumer Protection | Ontario

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Ontario Ban on Door-to-Door Agreements for HVAC Products Comes Into Effect on March 1, 2018 By David Stevens Jan 24, 2018 New provisions of the Ontario Consumer Protection Act will prohibit a range of door-to-door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” for HVAC equipment and other household appliances unenforceable. Newly-released amen...

Posted in: Ontario | Practice & Procedure | Ratemaking | Facilities

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OEB Issues Its Largest Rate Case Decision Ever By David Stevens Jan 18, 2018 On December 28, 2017, the Ontario Energy Board (OEB) issued its Decision with Reasons in the Ontario Power Generation “Payment Amounts” case, covering the 2017 to 2021 period. Among the notable determinations are an approval of the forecast costs of the Darlington Refurbishment Project and reduct...

Posted in: Ontario | Practice & Procedure | Facilities

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Ontario Court of Appeal Finds That Gas Utility’s Franchise Agreement Prevails Over Drainage Act By David Stevens Jan 16, 2018 In a decision released on January 10, 2018, the Ontario Court of Appeal found in favour of Union Gas on the question of whether the cost sharing provisions of a model franchise agreement apply to the relocation of a gas pipeline necessitated by drainage works. The Court found that the provisions ...

Posted in: Utility Mergers | Ratemaking | Practice & Procedure | Ontario

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OEB Allows Review Motions in Hydro One/Orillia Power Proceeding By Fred D. Cass Jan 10, 2018 In August 2017, we wrote about a Procedural Order issued by the Ontario Energy Board in which the OEB adjourned the hearing of an application (“MAADs” application) by Hydro One Inc. for approval to acquire Orillia Power Distribution Corporation until a decision on Hydro One’s distribution rate ap...

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Issues Draft Report on Wireline Pole Attachment Rates By Fred D. Cass Dec 28, 2017 Earlier this month, the Ontario Energy Board issued a draft report on policies for wireline pole attachment rates charged by electricity distributors for attachments by telecommunication and cable companies to distribution poles. The draft report resulted from the OEB’s policy consultation on wir...

Posted in: Practice & Procedure | Ratemaking | Ontario

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OEB Releases Nordicity Report on Wireline Pole Attachments By Fred D. Cass Dec 27, 2017 On December 18, 2017, the Ontario Energy Board released a report prepared by Nordicity Group Ltd. with respect to wireline pole attachments by telecommunication and cable companies on electricity distribution poles. Nordicity was retained by the OEB to facilitate meetings of the OEB’s Pole ...

Posted in: Ontario | Energy Policy

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OEB Publishes Its Strategic Blueprint By David Stevens Dec 21, 2017 Earlier this month, the Ontario Energy Board (OEB) released its Strategic Blueprint for 2017 to 2022. This document, titled “Keeping Pace with an Evolving Energy Sector,” sets out the OEB’s updated statement of “[its] Vision, Mission and Values and of the Goals and Objectives that will guide [its...

Posted in: Ontario | Practice & Procedure

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Ontario Appoints Panel to Review the OEB By Scott Stoll Dec 18, 2017 On Friday, December 15, 2017, Ontario announced that it appointed Richard Dicerni to head an expert panel to conduct a review of the province's independent energy regulator – the Ontario Energy Board. According to the announcement, the panel will seek feedback from the public starting in sp...

Posted in: Climate Change / Renewables | Energy Policy | Ontario

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Near Sell-Out in the Final Ontario-Only Carbon Credit Auction By David Stevens Dec 12, 2017 On December 6, 2017, the results from Ontario’s final 2017 Cap and Trade Program Auction of Greenhouse Gas Allowances were released. As had been the case for the three previous 2017 auctions, all available current allowances were sold at the November 29, 2017 auction. Additionally, as was the cas...
Ontario Proposes New Regulations to Support Expanded Net Metering By David Stevens Dec 08, 2017 A series of recent postings to Ontario’s Regulatory Registry set out proposed amended or new regulations that are intended to support expanded net metering opportunities in Ontario. These proposals follow the commitment in Ontario’s 2017 Long-Term Energy Plan (2017 LTEP) to give customers new way...

Posted in: Practice & Procedure | Ontario | Consumer Protection

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Court Denies Certification of Proposed Class Action Against Hydro One By David Stevens Dec 07, 2017 On November 28, 2017, the Ontario Superior Court dismissed a motion to certify a class action against Hydro One Networks Inc. (Hydro One) that sought damages of $100 million related to alleged overcharges resulting from the rollout of a new customer information system (CIS) starting in 2013. As s...

Posted in: Ratemaking | Practice & Procedure | Ontario

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OEB Plans to Introduce “Proportionate Review” of Utility Rate Applications By David Stevens Dec 01, 2017 A recent webinar presented by Ontario Energy Board staff to representatives of Ontario’s electricity distributors sets out the OEB’s plan to link utility performance and regulatory review. As seen in the presentation from the webinar, the OEB intends to employ a more light-handed review process f...

Posted in: Ontario | Practice & Procedure | Climate Change / Renewables

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Ontario Confirms Updated Cap and Trade Regulations to Link with Quebec and California By David Stevens Nov 30, 2017 Ontario’s Ministry of the Environment and Climate Change (MOECC) has confirmed that a decision has been made to proceed with amended regulations to facilitate the linkage of Ontario’s Cap and Trade program with California and Quebec (discussed in an earlier post). This will ensure tha...

Posted in: Climate Change / Renewables | Ontario | Practice & Procedure

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Sell-Out in Final California/Quebec Carbon Allowances Auction Before Ontario Joins By David Stevens Nov 24, 2017 The results from the November 14, 2017, California and Quebec joint auction of greenhouse gas (GHG) allowances were released on November 22, 2017. All available current and future vintage allowances from both Quebec and California were sold at the latest auction. As we have described in previous ...

Posted in: Ontario

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Ontario Government Passes Sweeping Changes to Employment Standards Legislation By Michael F. Horvat Nov 23, 2017 Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was passed by the Ontario legislature on Wednesday, November 22, 2017.
Directives Issued to IESO and OEB to Prepare Implementation Plans for 2017 LTEP By David Stevens Nov 16, 2017 In late October, Ontario’s Minister of Energy (Glenn Thibeault) issued Directives to the Independent Electricity System Operator (IESO) and the Ontario Energy Board (OEB), requiring each body to prepare “implementation plans” setting out the steps they intend to take to implement the goals and ob...
Ontario Ministry of Energy Proposes Regulatory Changes to Start Implementing 2017 LTEP By David Stevens Nov 15, 2017 As we discussed in an earlier post, many of the new initiatives set out in Ontario’s 2017 Long-Term Energy Plan (2017 LTEP) will require changes to statutes and/or regulations. Late last month, the Ontario Ministry of Energy announced changes to a couple of regulations to begin implementing annou...

Posted in: Ontario | Practice & Procedure | Consumer Protection

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OEB Again Bans Winter Disconnections of Residential Electricity Customers By David Stevens Nov 06, 2017 On November 2, 2017, the Ontario Energy Board (OEB) issued a Decision and Order amending the licences of electricity distributors to direct that residential customers may not be disconnected during the winter season. This follows a similar OEB direction last winter that was put into place after t...
Ontario’s New Long Term Energy Plan Stays the Course By David Stevens Nov 01, 2017 On October 26, 2017, Ontario’s Minister of Energy Glenn Thibeault released Ontario’s 2017 Long-Term Energy Plan (2017 LTEP). This long-awaited document is intended to set the course for Ontario’s energy supply over the coming years. While the 2017 LTEP does include some new plans and initiatives,...
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