OEB Updates Rules to Address Generative AI in Regulatory Filings

On November 13, 2025, the Ontario Energy Board (“OEB”) issued a letter advising of amendments to its Rules of Practice and Procedure (“Rules”) to address the use of artificial intelligence by parties to prepare filings for adjudicative proceedings. The OEB used this occasion to also make three further amendments to the Rules which are summarized below. All of the amendments are effective immediately with the exception of those relating to AI, which are effective December 1, 2025.

Generative AI in OEB Filings

The OEB has created a definition in the Rules for “Generative Artificial Intelligence” (“GAI”) at Section 3.01 which reads:

“Generative Artificial Intelligence” means a computer system capable of independently creating or generating content, usually based on prompts or information provided to the system, but does not include programs that follow pre-determined instructions to accomplish automated tasks such as system automation, document editing or speech-to-text.

Under Rule 9.03, where GAI is used to generate content in a filing that is prepared for a proceeding, the party must disclose that it was used to generate content included in the filing and confirm that the accuracy of that portion of the filing generated by GAI has been verified by the party or its representative without the assistance of GAI. This disclosure can be made in the certification of evidence section in an application, at the beginning of a document that includes GAI or in a cover letter to a multi-document filing package (Rule 9.04).

Under Rule 23, when filing a letter of comment containing content generated by GAI, the person must disclose that GAI was used either at the beginning of the letter or by marking the relevant field in the OEB’s online letter of comment form. The person must also confirm that the portion of the letter generated by GAI has been verified for accuracy without the assistance of GAI before filing the letter with the OEB (Rule 23.04).

The OEB’s letter made it clear that the need for disclosure under Rule 9.03 only arises where GAI is used to generate content in the filing that is prepared for a proceeding. It is not required for materials that may have been prepared for other purposes but are included in a filing (such as copies of emails and minutes of board of director meetings).

This exemption could be the subject of various interpretations. For example, while GAI may be used for the generation of content that is not intended at the time of its creation to be used to support a future OEB proceeding, where it is reasonably foreseeable that the content may ultimately form part of a future application, it is debatable whether the exemption applies. Prudence suggests that parties should err on the side of caution and include a disclosure and verification of the GAI content’s accuracy.

Additional Procedural Amendments

Three further amendments were announced. They are:

1. Confirmation that Reviews initiated on the OEB’s own Motion are commenced by the Chief Commissioner and that the “test” for cancelling, suspending or varying a Decision or Order is the same regardless of whether the review is at the instance of the OEB or a third party;
2. Rule 20.2 has been amended to establish a screening criteria against which intervention requests by individuals will be considered; and
3. Rules 3.0 and 6.0 have been amended to provide clarity regarding the time of day by which documents are required to be filed with the OEB. “Hours of operation,” which was a defined term referring to the OEB’s standard hours of operation, has been removed from the Rules. Subrule 6.01(c) now provides that documents filed after 4:45 p.m. are deemed to be filed the next day. Similarly, documents filed on a holiday or after 11:45 a.m. on December 24 or 31 are deemed to be filed the next day.