On September 9, 2009, certain sections of the Green Energy and Green Economy Act, 2009 (the “Green Energy Act”) were proclaimed. The Green Energy Act amended section 27.2 of the Act and stated that a directive may require the Board to specify, as a condition of licence, conservation and demand management targets for electricity distributors. The Minister of Energy and Infrastructure has now issued a directive, dated March 31, 2010, to the Board under sections 27.1 and 27.2 of the Ontario Energy Board Act, 1998 (the “Directive”).
The Directive requires the Board to issue a code that includes rules relating to the reporting requirements and performance incentives associated with the CDM Programs. These rules also relate to the planning, design, approval, implementation and the evaluation, measurement and verification of Board-Approved CDM Programs and to such other matters as the Board considers appropriate.