Priority leave to construct

Section 92 of the Ontario Energy Board Act, 1998 (Act) requires transmitters and distributors to obtain approval from the OEB for the construction, expansion, or reinforcement of electricity transmission and distribution lines or interconnections.

Section 96 (1) of the Act sets out that after the OEB considers an application under section 92, if it is of the opinion that the construction, expansion or reinforcement of the proposed work is in the public interest, it shall make an order granting leave to carry out the work.

Under section 96.1 (1) of the Act, the Lieutenant Governor in Council may make an order declaring that the construction, expansion or reinforcement of an electricity transmission line specified in the order is needed as a priority project. However, even if an electricity transmission line is declared a priority project, OEB approval under section 92 of the Act is still required.

Section 96.1(2) of the Act sets out that when the OEB considers an application under section 92 of the Act in respect of a priority project, the OEB shall accept that the construction, expansion or reinforcement is needed when forming its opinion under section 96 of the Act.

The East-West Tie project has been identified as a priority project pursuant to section 96.1 (1) of the Act.

Upper Canada Transmission, Inc. has applied for approval from the OEB to construct the East-West Tie transmission line. Hydro One Networks Inc. has also applied for approval from the OEB to perform the necessary transformer station upgrades to connect the new East-West Tie transmission line.