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Bill 165, Keeping Energy Costs Down Act, 2024

Smith, Todd Minister of Energy

Royal Assent received. Statutes of Ontario 2024,

chapter 10

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Bill 165 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 165 and does not form part of the law.

Bill 165 has been enacted as

Chapter 10 of the Statutes of Ontario, 2024.

The

Bill makes various amendments to the Ontario Energy Board

Act, 1998 .

new

section 28.8 authorizes the Minister, subject to the Lieutenant Governor in

Council’s approval, to issue directives requiring the Ontario Energy Board

(Board) to hold a generic hearing to determine any matter respecting natural

gas or electricity over which it has jurisdiction that the directives specify.

The directives may address various matters respecting the hearing, including

setting out timelines and procedural requirements. A directive may apply with

respect to a matter that is the subject of an ongoing proceeding before the

Board, but may not apply with respect to a matter that was determined by a

final order of the Board if fewer than two years have elapsed since the order

was made. The

section provides for the rules that apply if an ongoing

proceeding is affected by a directive. A definition of “generic hearing” is

added to

section 3 of the Act, and

section 19 of the Act is amended to specify

that the Board has authority to hold generic hearings under subsection 19 (4).

new

section 36.0.1 provides for the setting of a revenue horizon by regulations

made under the Act. “Revenue horizon” is defined as the number of years of

presumed revenue that is used in determining specified matters relating to the

natural gas distribution system. The revenue horizon is used for the purposes

section 36 of the Act (respecting Board orders relating to the transmission,

distribution and storage of gas). The new

section also provides authority for

regulations to be made that require the Board to hold a hearing to determine

revenue horizons, and governing the hearings. A revenue horizon determined by

the Board applies instead of one specified by the regulations. The Bill

provides that

section 36.0.1 is to be repealed on the earlier of January 1,

2029 and a day to be named by proclamation of the Lieutenant Governor.

new

section 96.2 authorizes the Minister, subject to the Lieutenant Governor in

Council’s approval, to issue directives providing that if a proposed natural

gas transmission or dual-purpose transmission and distribution line specified

by the directive is the subject of an application under

section 90 of the Act

for the Board’s leave to construct the line, the Board is subject to certain

requirements in making its determination, set out in subsection 96.2 (1). A

directive may apply with respect to an application that is already before the

Board. The new

section also provides authority for the Minister, subject to the

Lieutenant Governor in Council’s approval, to issue a directive respecting any

order made by the Board between February 22, 2024 and December 31, 2024 in

which the Board refuses to grant leave to construct a proposed natural gas

transmission or dual-purpose transmission and distribution line, or grants it

subject to specified conditions. Such a directive may require the Board to

rescind the order and hold a new hearing, taking into account the requirements

set out in subsection 96.2 (1).

For

each of the new sections, the Bill provides that the exercise of powers under

the sections are not subject to any duties of procedural fairness that would

otherwise apply under the Statutory Powers Procedure Act

or otherwise in law.

addition to adding the new sections, the Bill re-enacts sections 4.4 and 4.4.1

of the Act, which require the Board to establish one or more processes for

obtaining stakeholder input and providing for the representation of consumer

and other interests, respectively. The re-enacted sections are expanded to

apply to the gas context, as well as to provide authority for the making of

regulations to specify or add to the list of persons whom the Board must

contemplate in establishing processes. Related regulation-making powers are set

out.

Finally,

the Bill amends

section 95 of the Act. Currently,

section 95 provides that the

Board may make orders in special circumstances exempting persons from the leave

to construct requirements in sections 90 and 92 of the Act.

Section 95 is

amended to additionally require the Board to make an order exempting persons

from these requirements if the Board is satisfied that the circumstances

prescribed by the regulations have been met. Related regulation-making powers

are set out.

Bill 165 2024

Act to amend the Ontario Energy Board Act, 1998 respecting certain Board

proceedings and related matters

Preamble

The

Government of Ontario:

working to keep costs down, make life more affordable for Ontario workers and

their families and grow the economy.

committed to building at least 1.5 million homes by 2031 in order to keep the

dream of homeownership alive.

powering Ontario’s economic growth with a diverse energy mix that will provide

reliable, affordable energy for households and businesses for decades to come.

Supports

good decision-making by the Ontario Energy Board that is informed by broad

consumer and stakeholder input and that supports the priorities of the people

of Ontario, including keeping energy costs down.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Section 3 of the Ontario Energy Board Act, 1998 is

amended by adding the following definition:

“generic

hearing” means a hearing held under subsection 19 (4) to determine one or more

matters pertaining to multiple persons or entities whose activities are

regulated by the Board under this Act; (“audience générique”)

Sections 4.4 and 4.4.1 of the Act are repealed and the following substituted:

Processes,

stakeholder input

Electricity

industry

4.4

(1) The

Board shall establish one or more processes by which electricity consumers,

distributors, generators, transmitters, any other persons who have an interest

in the electricity industry and any other persons who may be prescribed by the

regulations may provide advice and recommendations for consideration by the

Board.

Gas

industry

(2) The

Board shall establish one or more processes by which gas consumers, gas

distributors, gas transmitters, storage companies, any other persons who have

an interest in the gas industry and any other persons who may be prescribed by

the regulations may provide advice and recommendations for consideration by the

Board.

Specified

persons

(3) If

the regulations so provide,

(

a) a

process under subsection (1) shall include such electricity consumers,

distributors, generators, transmitters, other persons who have an interest in

the electricity industry or prescribed persons as the regulations specify;

(

b) a

process under subsection (2) shall include such gas consumers, gas

distributors, gas transmitters, storage companies, other persons who have an

interest in the gas industry or prescribed persons as the regulations specify.

Processes,

representation of consumer and other interests

4.4.1

(1) The

Board shall establish one or more processes by which the interests of

electricity consumers, gas consumers and any other persons who may be

prescribed by the regulations may be represented in proceedings before the

Board, through advocacy and through any other modes of representation provided

for by the Board.

Specified

persons

(2) If

the regulations so provide, a process under subsection (1) shall include such

electricity consumers, gas consumers or prescribed persons as the regulations

specify.

(1) Subsection 19 (4) of the Act is amended by striking out “under

section 28 or otherwise” and substituting “under

section 28 or 28.8 or

otherwise under this or any other Act”.

(2) Section

19 of the Act is amended by adding the following subsection:

Same

(4.1) Subsection

(4) includes the determination of matters at a generic hearing.

The Act is amended by adding the following section:

Directives,

requirement to hold generic hearing (natural gas, electricity)

28.8

(1) In this

section,

“ongoing

proceeding” means, in respect of a proceeding before the Board, a proceeding in

which the Board has not yet made a final order.

Same

(2) The

Minister may issue, and the Board shall implement, directives that have been approved

by the Lieutenant Governor in Council requiring the Board to hold a generic

hearing to determine any matter respecting natural gas or electricity over

which it has jurisdiction that the directives specify.

Same

(3) A

directive issued under subsection (2) may specify,

(

a) timelines

for conducting the hearing;

(

b) the

manner in which the hearing may or must be conducted;

(

c) matters,

information or documents, including documents written or issued by the

Government or by a minister or ministry of the Crown, that the Board must

consider in conducting the hearing and making its determination; and

(

d) any

other matter respecting the hearing or its conduct that the Minister considers

appropriate.

Exception

(4) Subsection

(2) does not apply with respect to a matter if, at the time the directive would

be issued, fewer than two years have elapsed since the matter was determined by

a final order of the Board, regardless of whether the order was appealed.

Application

to ongoing proceedings

(5) Subsection

(2) may apply with respect to a matter that is the subject of an ongoing

proceeding before the Board.

Same,

effect

(6) If

a directive is issued respecting a matter that is the subject of an ongoing

proceeding before the Board,

(

a) the

Board shall not make any order in the ongoing proceeding with respect to the

matter, and shall sever the matter from the ongoing proceeding to the extent

possible; and

(

b) except

as provided under clause (a), the ongoing proceeding shall continue to the

extent possible.

Procedural

fairness does not apply

(7) Neither

the issuance or approval of a directive under this

section nor any action taken

by the Board to implement or comply with it is subject to any duty of

procedural fairness, including any requirement to provide notice, reasons or an

opportunity to make submissions.

Same

(8) Subsection

(7) applies despite the Statutory Powers Procedure Act

and any other law.

Conflict

(9) In

the event of a conflict between a directive under this

section and the Statutory Powers Procedure Act , the rules made by the

Board under

section 25.1 of that Act or an order of the Board or other

instrument or document made or issued under this Act, the directive prevails to

the extent of the conflict.

Publication

(10) A

directive issued under this

section shall be published in The

Ontario Gazette .

Not

a regulation

(11) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply to directives issued under this section.

(1) The Act is amended by adding the following section:

Revenue

horizon (natural gas)

36.0.1

(1) In this

section,

“consumer”

means a person who uses natural gas in Ontario for the person’s own

consumption; (“consommateur”)

“natural

gas distribution system” means a system for distributing natural gas in Ontario

by hydrocarbon line, as defined in

Part VI, and includes any structures,

equipment or other things used for that purpose; (“réseau de distribution de

gaz naturel”)

“revenue

horizon” means the number of years of presumed revenue that is used for the

purposes of

section 36 in determining,

(

a) the

economic feasibility of,

(

i) a

new consumer connection to the natural gas distribution system, or

(ii) an

increase in the capacity of the natural gas distribution system, and

(

b) the

amount, if any, of a contribution in aid of construction required from a

consumer in relation to a connection or increase described in clause (a).

(“horizon de revenu”)

Mandated

revenue horizon

(2) The

revenue horizon for the purposes of

section 36 shall be the number of years

specified by the regulations, except as otherwise provided by this section.

Board

may be required to make determination

(3) If

the regulations so provide, the Board shall hold a hearing to determine revenue

horizons for the purposes of

section 36, in accordance with the regulations.

Same

(4) Regulations

made for the purposes of subsection (3) may provide for,

(

a) timelines

for conducting the hearing;

(

b) the

manner in which the hearing may or must be conducted, including requiring that

it be conducted as a generic hearing;

(

c) matters,

information or documents, including documents written or issued by the

Government or by a minister or ministry of the Crown, that the Board must

consider in conducting the hearing and making its determination; and

(

d) any

other matter respecting the hearing or its conduct that the Lieutenant Governor

in Council considers appropriate.

Board

determination prevails

(5) If

the Board determines a revenue horizon for a period under subsection (3), that

revenue horizon applies for the period instead of the revenue horizon specified

by the regulations.

Board

to implement

(6) The

Board shall take such steps under this Act as are necessary to implement the

revenue horizon set out in subsection (2) or, if applicable, determined under

subsection (3).

Limitation

(7) The

Board shall not make any determinations respecting revenue horizons for the

purposes of

section 36, except as provided by regulations made for the purposes

of subsection (3).

Same

(8) The

Minister shall not issue a directive under

section 28.8 respecting the

determination of revenue horizons for the purposes of

section 36.

Procedural

fairness does not apply

(9) No

action taken by the Board to implement or comply with a regulation made under

this

section is subject to any duty of procedural fairness, including any

requirement to provide notice, reasons or an opportunity to make submissions,

despite the Statutory Powers Procedure Act or any

other law.

Same

(10) For

greater certainty, nothing about the making of a regulation under this section,

or the circumstances in which it is made, shall be interpreted as imposing a

duty of procedural fairness on the exercise of a regulation-making authority.

Conflict

(11) In

the event of a conflict between a regulation made under this

section and the Statutory Powers Procedure Act , the rules made by the

Board under

section 25.1 of that Act or an order of the Board or other

instrument or document made or issued under this Act, the regulation prevails

to the extent of the conflict.

Same

(12) Subsection

(11) does not apply with respect to an order of the Board made before December

21, 2023.

Regulations

(13) The

Lieutenant Governor in Council may make regulations for the purposes of this

section,

(

a) specifying

numbers of years for the purposes of subsection (2), including, for greater

certainty, specifying different numbers with respect to different classes of

consumers;

(

b) requiring

and governing a hearing under subsection (3).

(2) Section

36.0.1 of the Act, as enacted by subsection (1), is repealed.

Section 91 of the Act is repealed and the following substituted:

Application

for leave to construct hydrocarbon line or station

(1) Any

person may, before constructing a hydrocarbon line to which subsection 90

(1) does not apply or a station, apply to the Board for an order granting leave to

construct the hydrocarbon line or station.

Applies

to exempted hydrocarbon lines

(2) For

greater certainty, a person who has obtained an exemption from the requirements

of subsection 90 (1) may make an application under subsection (1) of this

section in respect of the exempt hydrocarbon line.

Section 95 of the Act is repealed and the following substituted:

Exemption,

subs. 90 (1) or 92 (1)

(1) The

Board may, if in its opinion special circumstances of a particular case so

require, make an order exempting any person from the requirements of subsection

90 (1) or 92 (1) without a hearing.

Same,

prescribed circumstances

(2) The

Board shall, with or without a hearing, make an order exempting a person from

the requirements of subsection 90 (1) or 92 (1) if the Board is satisfied that

the circumstances prescribed by the regulations have been met.

(1) The Act is amended by adding the following section:

Directives,

applications re certain natural gas lines

96.2

(1) The

Minister may issue, and the Board shall implement, directives that have been

approved by the Lieutenant Governor in Council providing that if the

construction of a proposed natural gas transmission or dual-purpose

transmission and distribution line specified by the directive is the subject of

an application under

section 90,

(

a) the

Board shall accept that it is in the public interest for such natural gas

consumers as are specified in the directive to bear the full cost of the line;

and

(

b) the

Board may not require a contribution in aid of construction or surcharge to be

paid by a natural gas consumer who will be connected to or served by the line.

Same

(2) A

directive issued under subsection (1) may specify one or more proposed natural

gas transmission or dual-purpose transmission and distribution lines or classes

of lines.

Ongoing

applications

(3) If

it so provides, a directive issued under subsection (1) applies with respect to

an application made but not finally determined before the day the directive is

issued.

Directives

re certain Board orders

(4) If,

during the period referred to in subsection (5), the Board makes an order

refusing to grant leave to construct a proposed natural gas transmission or

dual-purpose transmission and distribution line or an order granting leave to

construct such a line subject to a condition that a contribution in aid of

construction by natural gas consumers is required, the Minister may issue, and

the Board shall implement, a directive that has been approved by the Lieutenant

Governor in Council,

(

a) requiring

the Board to rescind the order and hold a new hearing of the application, in

the manner specified in the directive; and

(

b) providing

that clauses (1) (

a) and (

b) apply with respect to the new hearing.

Limitation

(5) Subsection

(4) applies with respect to orders made on or after February 22, 2024 and

before January 1, 2025.

Procedural

fairness does not apply

(6) Neither

the issuance or approval of a directive under this

section nor any action taken

by the Board to implement or comply with it is subject to any duty of

procedural fairness, including any requirement to provide notice, reasons or an

opportunity to make submissions.

Same

(7) Subsection

(6) applies despite the Statutory Powers Procedure Act

and any other law.

Conflict

(8) In

the event of a conflict between a directive under this

section and the Statutory Powers Procedure Act , the rules made by the

Board under

section 25.1 of that Act or an order of the Board or other

instrument or document made or issued under this Act, the directive prevails to

the extent of the conflict.

Publication

(9) A

directive issued under this

section shall be published in The

Ontario Gazette .

Not

a regulation

(10) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply to directives issued under this section.

(2) Subsections

96.2 (4) and (5), as enacted by subsection (1), are repealed.

Clause 98 (2) (

b) of the Act is amended by striking out “the requirements of

section 90” and substituting “the requirements of subsection 90 (1)”.

(1) Subsection 127 (1) of the Act is amended by adding the following

clauses:

(j.12) governing

processes under

section 4.4, including,

(

i) prescribing

other persons for the purposes of subsection 4.4 (1) or (2), and

(ii) requiring

that specified persons be included in a process for the purposes of subsection

4.4 (3);

(j.12.1) governing

processes under

section 4.4.1, including,

(

i) prescribing

other persons for the purposes of subsection 4.4.1 (1), and

(ii) requiring

that specified persons be included in a process for the purposes of subsection

4.4.1 (2);

(2) Subsection

127 (1) of the Act is amended by adding the following clauses:

(j.16.1) governing

exemptions ordered by the Board under subsection 95 (2);

(j.16.2) establishing

and governing procedural requirements that apply to determinations of the Board

under subsection 95 (2);

Commencement

(1) Except as otherwise provided by this section, this Act comes

into force on the day it receives Royal Assent.

(2) Subsection

5 (2) comes into force on January 1, 2029 or an earlier day to be named by

proclamation of the Lieutenant Governor.

(3) Subsection

5 (1), sections 6 and 7, subsection 8 (2),

section 9 and subsection 10 (2) come

into force on a day to be named by proclamation of the Lieutenant Governor.

Short

title

The

short title of this Act is the Keeping Energy Costs Down Act, 2024 .

Bill 165 Original (PDF)

EXPLANATORY

NOTE

The

Bill makes various amendments to the Ontario Energy Board

Act, 1998 .

new

section 28.8 authorizes the Minister, subject to the Lieutenant Governor in

Council’s approval, to issue directives requiring the Ontario Energy Board (Board)

to hold a generic hearing to determine any matter respecting natural gas or

electricity over which it has jurisdiction that the directives specify. The directives

may address various matters respecting the hearing, including setting out

timelines and procedural requirements. A directive may apply with respect to a

matter that is the subject of an ongoing proceeding before the Board, but may

not apply with respect to a matter that was determined by a final order of the

Board if fewer than two years have elapsed since the order was made. The

section provides for the rules that apply if an ongoing proceeding is affected

by a directive. A definition of “generic hearing” is added to

section 3 of the

Act, and

section 19 of the Act is amended to specify that the Board has

authority to hold generic hearings under subsection 19 (4).

new

section 36.0.1 provides for the setting of a revenue horizon by regulations

made under the Act. “Revenue horizon” is defined as the number of years of

presumed revenue that is used in determining specified matters relating to the

natural gas distribution system. The revenue horizon is used for the purposes

section 36 of the Act (respecting Board orders relating to the transmission,

distribution and storage of gas). The new

section also provides authority for

regulations to be made that require the Board to hold a hearing to determine

revenue horizons, and governing the hearings. A revenue horizon determined by

the Board applies instead of one specified by the regulations. The Bill

provides that

section 36.0.1 is to be repealed on the earlier of January 1,

2029 and a day to be named by proclamation of the Lieutenant Governor.

new

section 96.2 authorizes the Minister, subject to the Lieutenant Governor in

Council’s approval, to issue directives providing that if a proposed natural

gas transmission or dual-purpose transmission and distribution line specified

by the directive is the subject of an application under

section 90 of the Act

for the Board’s leave to construct the line, the Board is subject to certain

requirements in making its determination, set out in subsection 96.2 (1). A

directive may apply with respect to an application that is already before the

Board. The new

section also provides authority for the Minister, subject to the

Lieutenant Governor in Council’s approval, to issue a directive respecting any order

made by the Board between February 22, 2024 and December 31, 2024 in which the Board

refuses to grant leave to construct a proposed natural gas transmission or

dual-purpose transmission and distribution line, or grants it subject to

specified conditions. Such a directive may require the Board to rescind the

order and hold a new hearing, taking into account the requirements set out in

subsection 96.2 (1).

For

each of the new sections, the Bill provides that the exercise of powers under

the sections are not subject to any duties of procedural fairness that would

otherwise apply under the Statutory Powers Procedure Act

or otherwise in law.

addition to adding the new sections, the Bill re-enacts sections 4.4 and 4.4.1

of the Act, which require the Board to establish one or more processes for

obtaining stakeholder input and providing for the representation of consumer

and other interests, respectively. The re-enacted sections are expanded to

apply to the gas context, as well as to provide authority for the making of

regulations to specify or add to the list of persons whom the Board must

contemplate in establishing processes. Related regulation-making powers are set

out.

Finally,

the Bill amends

section 95 of the Act. Currently,

section 95 provides that the

Board may make orders in special circumstances exempting persons from the leave

to construct requirements in sections 90 and 92 of the Act.

Section 95 is

amended to additionally require the Board to make an order exempting persons

from these requirements if the Board is satisfied that the circumstances

prescribed by the regulations have been met. Related regulation-making powers

are set out.

Bill 165 2024

Act to amend the Ontario Energy Board Act, 1998 respecting certain Board

proceedings and related matters

Preamble

The

Government of Ontario:

working to keep costs down, make life more affordable for Ontario workers and

their families and grow the economy.

committed to building at least 1.5 million homes by 2031 in order to keep the

dream of homeownership alive.

powering Ontario’s economic growth with a diverse energy mix that will provide

reliable, affordable energy for households and businesses for decades to come.

Supports

good decision-making by the Ontario Energy Board that is informed by broad

consumer and stakeholder input and that supports the priorities of the people

of Ontario, including keeping energy costs down.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Section 3 of the Ontario Energy Board Act, 1998 is

amended by adding the following definition:

“generic

hearing” means a hearing held under subsection 19 (4) to determine one or more matters

pertaining to multiple persons or entities whose activities are regulated by

the Board under this Act; (“audience générique”)

Sections 4.4 and 4.4.1 of the Act are repealed and the following substituted:

Processes,

stakeholder input

Electricity

industry

4.4

(1) The

Board shall establish one or more processes by which electricity consumers,

distributors, generators, transmitters, any other persons who have an interest

in the electricity industry and any other persons who may be prescribed by the

regulations may provide advice and recommendations for consideration by the

Board.

Gas

industry

(2) The

Board shall establish one or more processes by which gas consumers, gas distributors,

gas transmitters, storage companies, any other persons who have an interest in

the gas industry and any other persons who may be prescribed by the regulations

may provide advice and recommendations for consideration by the Board.

Specified

persons

(3) If

the regulations so provide,

(

a) a

process under subsection (1) shall include such electricity consumers,

distributors, generators, transmitters, other persons who have an interest in

the electricity industry or prescribed persons as the regulations specify;

(

b) a

process under subsection (2) shall include such gas consumers, gas distributors,

gas transmitters, storage companies, other persons who have an interest in the gas

industry or prescribed persons as the regulations specify.

Processes,

representation of consumer and other interests

4.4.1

(1) The

Board shall establish one or more processes by which the interests of electricity

consumers, gas consumers and any other persons who may be prescribed by the

regulations may be represented in proceedings before the Board, through

advocacy and through any other modes of representation provided for by the

Board.

Specified

persons

(2) If

the regulations so provide, a process under subsection (1) shall include such electricity

consumers, gas consumers or prescribed persons as the regulations specify.

(1) Subsection 19 (4) of the Act is amended by striking out “under

section 28 or otherwise” and substituting “under

section 28 or 28.8 or

otherwise under this or any other Act”.

(2) Section

19 of the Act is amended by adding the following subsection:

Same

(4.1) Subsection

(4) includes the determination of matters at a generic hearing.

The Act is amended by adding the following section:

Directives,

requirement to hold generic hearing (natural gas, electricity)

28.8

(1) In this

section,

“ongoing

proceeding” means, in respect of a proceeding before the Board, a proceeding in

which the Board has not yet made a final order.

Same

(2) The

Minister may issue, and the Board shall implement, directives that have been

approved by the Lieutenant Governor in Council requiring the Board to hold a generic

hearing to determine any matter respecting natural gas or electricity over

which it has jurisdiction that the directives specify.

Same

(3) A

directive issued under subsection (2) may specify,

(

a) timelines

for conducting the hearing;

(

b) the

manner in which the hearing may or must be conducted;

(

c) matters,

information or documents, including documents written or issued by the

Government or by a minister or ministry of the Crown, that the Board must

consider in conducting the hearing and making its determination; and

(

d) any

other matter respecting the hearing or its conduct that the Minister considers

appropriate.

Exception

(4) Subsection

(2) does not apply with respect to a matter if, at the time the directive would

be issued, fewer than two years have elapsed since the matter was determined by

a final order of the Board, regardless of whether the order was appealed.

Application

to ongoing proceedings

(5) Subsection

(2) may apply with respect to a matter that is the subject of an ongoing

proceeding before the Board.

Same,

effect

(6) If

a directive is issued respecting a matter that is the subject of an ongoing proceeding

before the Board,

(

a) the

Board shall not make any order in the ongoing proceeding with respect to the

matter, and shall sever the matter from the ongoing proceeding to the extent

possible; and

(

b) except

as provided under clause (a), the ongoing proceeding shall continue to the

extent possible.

Procedural

fairness does not apply

(7) Neither

the issuance or approval of a directive under this

section nor any action taken

by the Board to implement or comply with it is subject to any duty of

procedural fairness, including any requirement to provide notice, reasons or an

opportunity to make submissions.

Same

(8) Subsection

(7) applies despite the Statutory Powers Procedure Act

and any other law.

Conflict

(9) In

the event of a conflict between a directive under this

section and the Statutory Powers Procedure Act , the rules made by the

Board under

section 25.1 of that Act or an order of the Board or other

instrument or document made or issued under this Act, the directive prevails to

the extent of the conflict.

Publication

(10) A

directive issued under this

section shall be published in The

Ontario Gazette .

Not

a regulation

(11) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply to directives issued under this section.

(1) The Act is amended by adding the following section:

Revenue

horizon (natural gas)

36.0.1

(1) In this

section,

“consumer”

means a person who uses natural gas in Ontario for the person’s own consumption;

(“consommateur”)

“natural

gas distribution system” means a system for distributing natural gas in Ontario

by hydrocarbon line, as defined in

Part VI, and includes any structures,

equipment or other things used for that purpose; (“réseau de distribution de

gaz naturel”)

“revenue

horizon” means the number of years of presumed revenue that is used for the

purposes of

section 36 in determining,

(

a) the

economic feasibility of,

(

i) a

new consumer connection to the natural gas distribution system, or

(ii) an

increase in the capacity of the natural gas distribution system, and

(

b) the

amount, if any, of a contribution in aid of construction required from a

consumer in relation to a connection or increase described in clause (a). (“horizon

de revenu”)

Mandated

revenue horizon

(2) The

revenue horizon for the purposes of

section 36 shall be the number of years

specified by the regulations, except as otherwise provided by this section.

Board

may be required to make determination

(3) If

the regulations so provide, the Board shall hold a hearing to determine revenue

horizons for the purposes of

section 36, in accordance with the regulations.

Same

(4) Regulations

made for the purposes of subsection (3) may provide for,

(

a) timelines

for conducting the hearing;

(

b) the

manner in which the hearing may or must be conducted, including requiring that

it be conducted as a generic hearing;

(

c) matters,

information or documents, including documents written or issued by the

Government or by a minister or ministry of the Crown, that the Board must

consider in conducting the hearing and making its determination; and

(

d) any

other matter respecting the hearing or its conduct that the Lieutenant Governor

in Council considers appropriate.

Board

determination prevails

(5) If

the Board determines a revenue horizon for a period under subsection (3), that

revenue horizon applies for the period instead of the revenue horizon specified

by the regulations.

Board

to implement

(6) The

Board shall take such steps under this Act as are necessary to implement the

revenue horizon set out in subsection (2) or, if applicable, determined under

subsection (3).

Limitation

(7) The

Board shall not make any determinations respecting revenue horizons for the

purposes of

section 36, except as provided by regulations made for the purposes

of subsection (3).

Same

(8) The

Minister shall not issue a directive under

section 28.8 respecting the

determination of revenue horizons for the purposes of

section 36.

Procedural

fairness does not apply

(9) No

action taken by the Board to implement or comply with a regulation made under

this

section is subject to any duty of procedural fairness, including any

requirement to provide notice, reasons or an opportunity to make submissions, despite

the Statutory Powers Procedure Act or any other

law.

Same

(10) For

greater certainty, nothing about the making of a regulation under this section,

or the circumstances in which it is made, shall be interpreted as imposing a

duty of procedural fairness on the exercise of a regulation-making authority.

Conflict

(11) In

the event of a conflict between a regulation made under this

section and the Statutory Powers Procedure Act , the rules made by the

Board under

section 25.1 of that Act or an order of the Board or other

instrument or document made or issued under this Act, the regulation prevails

to the extent of the conflict.

Same

(12) Subsection

(11) does not apply with respect to an order of the Board made before December

21, 2023.

Regulations

(13) The

Lieutenant Governor in Council may make regulations for the purposes of this

section,

(

a) specifying

numbers of years for the purposes of subsection (2), including, for greater

certainty, specifying different numbers with respect to different classes of

consumers;

(

b) requiring

and governing a hearing under subsection (3).

(2) Section

36.0.1 of the Act, as enacted by subsection (1), is repealed.

Section 91 of the Act is repealed and the following substituted:

Application

for leave to construct hydrocarbon line or station

(1) Any

person may, before constructing a hydrocarbon line to which subsection 90

(1) does not apply or a station, apply to the Board for an order granting leave to

construct the hydrocarbon line or station.

Applies

to exempted hydrocarbon lines

(2) For

greater certainty, a person who has obtained an exemption from the requirements

of subsection 90 (1) may make an application under subsection (1) of this

section in respect of the exempt hydrocarbon line.

Section 95 of the Act is repealed and the following substituted:

Exemption,

subs. 90 (1) or 92 (1)

(1) The

Board may, if in its opinion special circumstances of a particular case so

require, make an order exempting any person from the requirements of subsection

90 (1) or 92 (1) without a hearing.

Same,

prescribed circumstances

(2) The

Board shall, with or without a hearing, make an order exempting a person from

the requirements of subsection 90 (1) or 92 (1) if the Board is satisfied that

the circumstances prescribed by the regulations have been met.

(1) The Act is amended by adding the following section:

Directives,

applications re certain natural gas lines

96.2

(1) The

Minister may issue, and the Board shall implement, directives that have been

approved by the Lieutenant Governor in Council providing that if the

construction of a proposed natural gas transmission or dual-purpose

transmission and distribution line specified by the directive is the subject of

an application under

section 90,

(

a) the

Board shall accept that it is in the public interest for such natural gas

consumers as are specified in the directive to bear the full cost of the line;

and

(

b) the

Board may not require a contribution in aid of construction or surcharge to be

paid by a natural gas consumer who will be connected to or served by the line.

Same

(2) A

directive issued under subsection (1) may specify one or more proposed natural

gas transmission or dual-purpose transmission and distribution lines or classes

of lines.

Ongoing

applications

(3) If

it so provides, a directive issued under subsection (1) applies with respect to

an application made but not finally determined before the day the directive is

issued.

Directives

re certain Board orders

(4) If,

during the period referred to in subsection (5), the Board makes an order

refusing to grant leave to construct a proposed natural gas transmission or

dual-purpose transmission and distribution line or an order granting leave to

construct such a line subject to a condition that a contribution in aid of

construction by natural gas consumers is required, the Minister may issue, and

the Board shall implement, a directive that has been approved by the Lieutenant

Governor in Council,

(

a) requiring

the Board to rescind the order and hold a new hearing of the application, in

the manner specified in the directive; and

(

b) providing

that clauses (1) (

a) and (

b) apply with respect to the new hearing.

Limitation

(5) Subsection

(4) applies with respect to orders made on or after February 22, 2024 and

before January 1, 2025.

Procedural

fairness does not apply

(6) Neither

the issuance or approval of a directive under this

section nor any action taken

by the Board to implement or comply with it is subject to any duty of

procedural fairness, including any requirement to provide notice, reasons or an

opportunity to make submissions.

Same

(7) Subsection

(6) applies despite the Statutory Powers Procedure Act

and any other law.

Conflict

(8) In

the event of a conflict between a directive under this

section and the Statutory Powers Procedure Act , the rules made by the

Board under

section 25.1 of that Act or an order of the Board or other

instrument or document made or issued under this Act, the directive prevails to

the extent of the conflict.

Publication

(9) A

directive issued under this

section shall be published in The

Ontario Gazette .

Not

a regulation

(10) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply to directives issued under this section.

(2) Subsections

96.2 (4) and (5), as enacted by subsection (1), are repealed.

Clause 98 (2) (

b) of the Act is amended by striking out “the requirements of

section 90” and substituting “the requirements of subsection 90 (1)”.

(1) Subsection 127 (1) of the Act is amended by adding the following

clauses:

(j.12) governing

processes under

section 4.4, including,

(

i) prescribing

other persons for the purposes of subsection 4.4 (1) or (2), and

(ii) requiring

that specified persons be included in a process for the purposes of subsection

4.4 (3);

(j.12.1) governing

processes under

section 4.4.1, including,

(

i) prescribing

other persons for the purposes of subsection 4.4.1 (1), and

(ii) requiring

that specified persons be included in a process for the purposes of subsection

4.4.1 (2);

(2) Subsection

127 (1) of the Act is amended by adding the following clauses:

(j.16.1) governing

exemptions ordered by the Board under subsection 95 (2);

(j.16.2) establishing

and governing procedural requirements that apply to determinations of the Board

under subsection 95 (2);

Commencement

(1) Except as otherwise provided by this section, this Act comes

into force on the day it receives Royal Assent.

(2) Subsection

5 (2) comes into force on January 1, 2029 or an earlier day to be named by

proclamation of the Lieutenant Governor.

(3) Subsection

5 (1), sections 6 and 7, subsection 8 (2),

section 9 and subsection 10 (2) come

into force on a day to be named by proclamation of the Lieutenant Governor.

Short

title

The

short title of this Act is the Keeping Energy Costs Down Act, 2024 .

Date Bill stage Event Outcome Committee

May 16, 2024

Royal Assent

Royal Assent received

May 15, 2024

Third Reading

Vote

Carried on division

May 15, 2024

Third Reading

Question put

May 15, 2024

Third Reading

Closure

Carried on division

May 14, 2024

Third Reading

Moved closure

Vote deferred

May 14, 2024

Third Reading

Debated

May 14, 2024

Third Reading

Debated

Debate adjourned

May 8, 2024

Third Reading

Debated

Debate adjourned

May 7, 2024

Third Reading

Debated

Debate adjourned

May 8, 2024

Third Reading

Debated

April 16, 2024

Second Reading

Ordered for Third Reading

April 16, 2024

Second Reading

Report adopted

April 16, 2024

Second Reading

Reported without amendment

Standing Committee on the Interior

April 16, 2024

Second Reading

Consideration of a Bill

Standing Committee on the Interior

April 9, 2024

Second Reading

Consideration of a Bill

Standing Committee on the Interior

April 8, 2024

Second Reading

Consideration of a Bill

Standing Committee on the Interior

February 28, 2024

Second Reading

Ordered referred to Standing Committee

Standing Committee on the Interior

February 28, 2024

Second Reading

Vote

Carried on division

February 28, 2024

Second Reading

Question put

February 28, 2024

Second Reading

Closure

Carried on division

February 28, 2024

Second Reading

Moved closure

Vote deferred

February 28, 2024

Second Reading

Debated

February 27, 2024

Second Reading

Debated

Debate adjourned

February 27, 2024

Second Reading

Debated

Debate adjourned

February 26, 2024

Second Reading

Debated

Debate adjourned

February 22, 2024

First Reading

Ordered for Second Reading

February 22, 2024

First Reading

Vote

Carried

First Reading

February 22, 2024

Carried

Ordered for Second Reading

Second Reading

February 26, 2024

Principal Debaters

Dixon, Jess

Kitchener South—Hespeler

Harden, Joel

Ottawa Centre

Hsu, Ted

Kingston and the Islands

Sarrazin, Stéphane

Glengarry—Prescott—Russell

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Smith, Hon. Todd

Bay of Quinte

Tabuns, Peter

Toronto—Danforth

Questions and Responses

Bourgouin, Guy

Mushkegowuk—James Bay

Fife, Catherine

Waterloo

Gates, Wayne

Niagara Falls

Kernaghan, Terence

London North Centre

Oosterhoff, Sam

Niagara West

Rae, Matthew

Perth—Wellington

Sabawy, Sheref

Mississauga—Erin Mills

Saunderson, Brian

Simcoe—Grey

Taylor, Monique

Hamilton Mountain

Wong-Tam, Kristyn

Toronto Centre

February 27, 2024

Principal Debaters

Bell, Jessica

University—Rosedale

Bourgouin, Guy

Mushkegowuk—James Bay

Coe, Lorne

Whitby

Ghamari, Goldie

Carleton

Mantha, Michael

Algoma—Manitoulin

McMahon, Mary-Margaret

Beaches—East York

Rakocevic, Tom

Humber River—Black Creek

Saunderson, Brian

Simcoe—Grey

Schreiner, Mike

Guelph

West, Jamie

Sudbury

Questions and Responses

Bailey, Robert

Sarnia—Lambton

Bouma, Will

Brantford—Brant

Burch, Jeff

Niagara Centre

Fraser, John

Ottawa South

Gélinas, France

Nickel Belt

Glover, Chris

Spadina—Fort York

Karpoche, Bhutila

Parkdale—High Park

Khanjin, Hon. Andrea

Barrie—Innisfil

MacLeod, Lisa

Nepean

Mamakwa, Sol

Kiiwetinoong

McGregor, Graham

Brampton North

Pang, Billy

Markham—Unionville

Rae, Matthew

Perth—Wellington

Sarrazin, Stéphane

Glengarry—Prescott—Russell

Smith, Laura

Thornhill

Taylor, Monique

Hamilton Mountain

Vaugeois, Lise

Thunder Bay—Superior North

February 27, 2024

Debated

February 28, 2024

Clancy, Aislinn

Kitchener Centre

Gallagher Murphy, Dawn

Newmarket—Aurora

Gates, Wayne

Niagara Falls

Kusendova-Bashta, Natalia

Mississauga Centre

Sarrazin, Stéphane

Glengarry—Prescott—Russell

Schreiner, Mike

Guelph

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Vanthof, John

Timiskaming—Cochrane

Vaugeois, Lise

Thunder Bay—Superior North

Moved closure

February 28, 2024

Carried on division

Ordered referred to Standing Committee

Standing Committee on the Interior

April 8, 2024

Consideration of a Bill

Standing Committee on the Interior

April 9, 2024

Consideration of a Bill

Standing Committee on the Interior

April 16, 2024

Consideration of a Bill

Standing Committee on the Interior

April 16, 2024

Reported without amendment

Standing Committee on the Interior

Report adopted

Ordered for Third Reading

Third Reading

May 7, 2024

Principal Debaters

Smith, Hon. Todd

Bay of Quinte

Yakabuski, John

Renfrew—Nipissing—Pembroke

Questions and Responses

Bourgouin, Guy

Mushkegowuk—James Bay

Coe, Lorne

Whitby

Glover, Chris

Spadina—Fort York

Kusendova-Bashta, Natalia

Mississauga Centre

Sattler, Peggy

London West

Saunderson, Brian

Simcoe—Grey

May 8, 2024

Principal Debaters

Cuzzetto, Rudy

Mississauga—Lakeshore

Hsu, Ted

Kingston and the Islands

Karpoche, Bhutila

Parkdale—High Park

McMahon, Mary-Margaret

Beaches—East York

Smith, Dave

Peterborough—Kawartha

Tabuns, Peter

Toronto—Danforth

Questions and Responses

Gallagher Murphy, Dawn

Newmarket—Aurora

Gélinas, France

Nickel Belt

Jones, Trevor

Chatham-Kent—Leamington

Kernaghan, Terence

London North Centre

Kerzner, Hon. Michael

York Centre

MacLeod, Lisa

Nepean

Martin, Robin

Eglinton—Lawrence

Sarrazin, Stéphane

Glengarry—Prescott—Russell

Sattler, Peggy

London West

Smith, David

Scarborough Centre

Stevens, Jennifer (Jennie)

St. Catharines

Vaugeois, Lise

Thunder Bay—Superior North

Yakabuski, John

Renfrew—Nipissing—Pembroke

May 14, 2024

Principal Debaters

Dowie, Andrew

Windsor—Tecumseh

Ghamari, Goldie

Carleton

Harden, Joel

Ottawa Centre

Jones, Trevor

Chatham-Kent—Leamington

Schreiner, Mike

Guelph

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Vanthof, John

Timiskaming—Cochrane

Questions and Responses

Bourgouin, Guy

Mushkegowuk—James Bay

Byers, Rick

Bruce—Grey—Owen Sound

Coe, Lorne

Whitby

Kernaghan, Terence

London North Centre

Martin, Robin

Eglinton—Lawrence

Rakocevic, Tom

Humber River—Black Creek

Saunderson, Brian

Simcoe—Grey

Smith, Hon. Todd

Bay of Quinte

Tabuns, Peter

Toronto—Danforth

Vaugeois, Lise

Thunder Bay—Superior North

West, Jamie

Sudbury

May 14, 2024

Debated

Moved closure

May 15, 2024

Closure carried on division

Carried on division

Royal Assent

May 16, 2024

Royal Assent received