Ontario Energy Board Consumer Protection and Governance Act, 2003 Baird, Hon. John R. Minister of Energy — Bill 23 (37th Parliament, 4th Session)

Bill 23, 37-4

Ontario — Bills

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Bill 23, Ontario Energy Board Consumer Protection and Governance Act, 2003

Baird, Hon. John R. Minister of Energy

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[37] Bill 23 Royal Assent (PDF)

Bill 23 2003

An Act to amend the

Ontario Energy Board Act, 1998

and the Municipal Franchises Act

in respect of consumer protection,

the governance of the

Ontario Energy Board

and other matters

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Municipal Franchises Act

Section 11 of the Municipal Franchises Act

is repealed.

Ontario Energy Board

Act, 1998

Section 1 of the Ontario Energy Board Act,

1998 , as amended by the Statutes of Ontario, 2002,

chapter 23,

section

4, is amended by adding the following paragraph:

7. To promote communication within the electricity industry and the

education of consumers.

(1) Paragraph 2 of

section 2 of the Act

is repealed and the following substituted:

2. To protect the interests of consumers with respect to prices and the

reliability and quality of gas service.

(2) Section 2 of the Act, as amended by the Statutes of

Ontario, 2002,

chapter 23,

section 4, is amended by adding the following

paragraph:

6. To promote communication within the gas industry and the education of

consumers.

(1) The definition of "director" in

section 3 of the Act is repealed.

(2) The definition of "gas transmitter" in

section 3 of

the Act is amended by striking out "hydrocarbon transmission line, as defined

Part VI, and" and substituting "hydrocarbon transmission line,

and".

5. (1) Subsection 4 (1) of the Act is

amended by striking out "and shall consist of as many members, not fewer than

five, as the Lieutenant Governor in Council may from time to time determine"

at the end.

(2) Subsection 4 (1) of the Act, as amended by

subsection (1), is repealed and the following substituted:

Board continued

(1) The Ontario Energy Board is continued as a corporation

Commission de l'énergie de l'Ontario in French.

(3) Subsections 4 (2) to (5) of the Act are

repealed.

(4) Section 4 of the Act, as amended by subsections

(1), (2) and (3), is amended by adding the following

subsections:

Powers

(2) The Board has the capacity and the rights, powers and

privileges of a natural person for the purpose of exercising and performing

its powers and duties under this or any other Act, except as otherwise

provided in this Act.

Duties

(3) The Board shall perform the duties assigned to it under

this or any other Act.

Crown agency

(4) The Board is an agent of Her Majesty in right of Ontario,

and its powers may be exercised only as an agent of Her Majesty.

6. The Act is amended by adding the following

section:

Composition

4.1

(1) The Board shall be composed

of at least five members.

Appointment

(2) The members shall be appointed by the Lieutenant Governor

in Council.

Term of initial appointment

(3) The first term of office of a person who is appointed to

the Board shall not exceed two years.

Transition

(4) Subsection (3) does not apply to a person who is a member

of the Board when subsection (3) comes into force.

Reappointments

(5) A member of the Board may be reappointed for one or more

terms of office, each of which does not exceed five years.

Chair and vice-chairs

(6) The Lieutenant Governor in Council shall, by order,

designate a member of the Board as chair and shall designate two members as

vice-chairs.

Same

(7) The chair and each vice-chair holds office for the term

specified by the Lieutenant Governor in Council which shall not exceed his or

her term as a member of the Board.

Same

(8) Despite subsections (3) and (5), when a member of the Board

is designated as chair, the designation may provide that his or her term of

office as a member continues for a period that does not exceed five years

from the date of the designation as chair, and subsection (5) applies to any

subsequent reappointment as a member.

Duties of chair

(9) The chair is the chief executive officer of the Board and,

unless otherwise authorized by the Minister, shall devote his or her full

time to the work of the Board.

Chair may delegate

(10) The chair may in writing delegate any of his or her powers

or duties to a vice-chair.

Conditions and restrictions

(11) A delegation under subsection (10) is subject to such

conditions and restrictions as the chair may specify in writing.

Acting chair

(12) If no one is available to exercise or perform a power or

duty of the chair, any vice-chair may exercise the power or duty.

7. The Act is amended by adding the following

section:

Management committee

4.2

(1) The Board shall have a

management committee composed of the chair and the vice-chairs.

Duties

(2) The management committee shall manage the activities of the

Board, including the Board's budgeting and the allocation of the Board's

resources, and shall perform such other duties as are assigned to the

management committee under this Act.

Rules of practice and procedure

(3) The Board's authority to make rules governing practice and

procedure under

section 25.1 of the Statutory Powers Procedure Act

shall be exercised by the management committee on behalf of the Board.

Quorum

(4) Subject to the by-laws made under

section 4.10, two members

of the management committee constitute a quorum.

Presiding officer

(5) The chair shall preside over management committee

meetings.

Delegation

(6) The management committee shall not delegate any of its

powers or duties under the following provisions:

1. Sections 4.8 to 4.10.

2. Subsection 6 (1).

Section 26.

4. Any other provision prescribed by the regulations.

Same

(7) Subject to subsection (6), the management committee may

delegate its powers and duties, but only to a member of the management

committee.

Conditions and restrictions

(8) A delegation under subsection (7) is subject to such

conditions and restrictions as the management committee may specify in

writing.

8. The Act is amended by adding the following

section:

Panels

4.3

(1) The chair may assign one or

more members of the Board to a panel to hear or determine any matter and, for

that purpose, the panel has all the jurisdiction and powers of the Board.

Same

(2) A member of the Board shall not exercise or perform any

power or duty of the Board except as a member of a panel to which he or she

has been assigned.

Same

(3) Subsection (2) does not apply to the powers of the Board

under sections 44 and 70.1.

9. The Act is amended by adding the following

section:

Advisory committee

4.4

(1) The Minister shall

establish an advisory committee to provide advice to the Board's management

committee on such matters as the Minister or the management committee may

specify and to perform such other duties as are assigned to the advisory

committee under this Act.

Appointment

(2) The Minister shall appoint the members of the advisory

committee.

10. The Act is amended by adding the following

section:

Fiscal year

4.5 The fiscal year of the Board begins on

April 1.

11. The Act is amended by adding the following

sections:

Memorandum of understanding

4.6

(1) Every three years beginning

with the Board's 2003-2004 fiscal year, the chair of the Board, on behalf of

the Board and its management committee, and the Minister shall enter into a

memorandum of understanding setting out,

(

a) the respective roles and responsibilities of the Minister, the chair

and the management committee;

(

b) the accountability relationships between the chair, the management

committee and the Minister;

(

c) limitations on the Board's powers to borrow and invest;

(

d) the responsibility of the chair and the management committee to

provide the Minister with business plans, operational budgets and plans for

proposed significant changes in the operations or activities of the

Board;

(

e) details of an obligation that requires the management committee to

provide the Minister with statements of the Board's priorities and to publish

those statements;

(

f) details of an obligation that requires the management committee,

(

i) to provide the Minister with regulatory calendars that set out

anticipated dates for,

(

A) dealing with proceedings that are expected to be heard or determined

by the Board, and

(

B) exercising the power to make rules under

section 44 or issue codes

under

section 70.1, and

(ii) to publish the regulatory calendars described in subclause (i);

(

g) details of an obligation that requires the management committee to

establish performance standards for the Board;

(

h) details of an obligation that requires the management committee to

establish and maintain a pay for performance plan for full-time members of

the Board that links payment of bonuses to the achievement of performance

standards;

(

i) details of an obligation respecting consumer protection support that

requires the management committee, on behalf of the Board, to make and

maintain rules governing practice and procedure under

section 25.1 of the

Statutory Powers Procedure Act that govern interim and final awards

of costs to organizations representing consumers;

(

j) details of an obligation that requires the management committee to

consult with the advisory committee established under

section 4.4 with

respect to the obligations referred to in clauses (

e) to (i); and

(

k) any other matter that the parties consider necessary or

appropriate.

Same

(2) The Board shall comply with the memorandum of understanding

in exercising its powers and performing its duties under this Act, but the

failure to do so does not affect the validity of any action taken by the

Board or give rise to any rights or remedies by any person, other than rights

or remedies provided by the memorandum of understanding.

Publication

(3) The management committee shall publish the memorandum of

understanding on the Board's website on the Internet as soon as practicable

after the memorandum is entered into.

Minister's request for information

4.7

(1) The Board's management

committee shall promptly give the Minister such information about the Board's

activities, operations and financial affairs as the Minister requests.

Examination

(2) The Minister may designate a person to examine any

financial or accounting procedures, activities or practices of the Board and

report the results of the examination to the Minister.

Duty to assist, etc.

(3) The members and employees of the Board shall give the

person designated by the Minister all the assistance and co-operation

necessary to enable him or her to complete the examination.

Financial statements

4.8

(1) The Board's management

committee shall cause annual financial statements to be prepared for the

Board in accordance with generally accepted accounting principles.

Same

(2) The financial statements must present the financial

position, results of operations and changes in the financial position of the

Board for its most recent fiscal year.

Auditors

(3) The management committee shall appoint one or more auditors

licensed under the Public Accountancy Act to audit the financial

statements of the Board for each fiscal year.

Provincial Auditor

(4) The Provincial Auditor may also audit the financial

statements of the Board.

Annual report

4.9

(1) Within six months after the

end of each fiscal year, the Board's management committee shall deliver to

the Minister an annual report, including the Board's audited financial

statements, on the affairs of the Board for that fiscal year.

Report to be laid before Assembly

(2) Within one month after receiving the annual report, the

Minister shall lay the report before the Assembly by delivering the report to

the Clerk.

By-laws

4.10

(1) The Board's management

committe

Document details

Collection	Ontario — Bills
Citation	Bill 23, 37-4
Type	bill
Volume / chapter	p37 s4 bill 23 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4365976b03343bd15d1ec9d7a645cfd2dc720906

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