Ministerial directives and letters

From time to time, the Ministry of Energy issues directives and letters to the OEB. Under the Ontario Energy Board Act, 1998, the Minister of Energy1 may issue, and the OEB shall implement, directives that have been approved by the Lieutenant Governor in Council in relation to certain matters, and may also require that the OEB examine, report and advise on questions respecting energy. The Ministry may also issue mandate letters outlining broad expectations with respect to priorities for the coming fiscal year and other letters to the OEB articulating government policy.

Below is a list of Ministerial directives and letters issued to the OEB, and links to any policy initiative that may be associated with a directive or request for advice:

Date2

Document

Associated policy initiative / consultation
Oct 19-23

Directive (pdf) requiring the OEB to amend the transmission licence of Hydro One Networks Inc. relating to the development of three new transmission lines and associated facilities to meet expected demand growth in Northeastern and Eastern Ontario (Issued under section 28.6.1 of the Ontario Energy Board Act, 1998).

 

These transmission lines have been identified as priority projects under section 96.1 of the Ontario Energy Board Act, 1998. For more information, visit our Priority Transmission Projects webpage.

 
Oct 21-22Letter of Direction (pdf) (formerly Mandate Letter) from the Minister to the Chair of the OEB Board of Directors. 
Mar 31-22

Directive (pdf) requiring the OEB to amend the transmission licence of Hydro One Networks Inc. relating to the development of new transmission lines and associated facilities to meet expected demand growth in Southwestern Ontario (Issued under section 28.6.1 of the Ontario Energy Board Act, 1998).

 

Some of these transmission lines have been identified as priority projects under section 96.1 of the Ontario Energy Board Act, 1998. For more information, visit our Priority Transmission Projects webpage.

 
Dec 22-21

Letter (pdf)1 from the Assistant Deputy Minister introducing the new Ontario Business Costs Rebate Program to support businesses required to reduce capacity as part of the additional measures to tackle the COVID-19 Omicron variant.

 

(1) This letter is not a request under statutory authority nor is it in the nature of a Cabinet-approved directive to the OEB.
 
Dec 14-21

Letter (pdf)1 from the Assistant Deputy Minister to the OEB and others advising of an amendment to a regulation relating to the number of times per year that the OEB will set electricity prices for homes and small businesses under the Regulated Price Plan.

 

(1) This letter is not a request under statutory authority nor is it in the nature of a Cabinet-approved directive to the OEB.
 
Dec 1-21

Letter (pdf)1 from the Minister to the Chief Executive Officer of the OEB expressing the Ministry’s policy perspective on natural gas commodity prices for winter 2022.

 

(1) This letter is not a request under statutory authority nor is it in the nature of a Cabinet-approved directive to the OEB.
 
Nov 16-21

Letter (pdf)1 from the Minister requiring the OEB to examine, report back and provide advice to the Ministry on the design(s) of an optional enhanced Time-of-Use rate to further incent demand-shifting away from peak periods to lower-demand periods.

 

(1) This letter was issued under section 35 of the Ontario Energy Board Act, 1998, and is not in the nature of a Cabinet-approved directive to the OEB.
EB-2022-0074
Nov 15-21Mandate Letter (pdf) from the Minister to the Chair of the OEB Board of Directors. 
Dec 17-20

Directive (pdf) requiring the OEB to amend the transmission licence of Hydro One Networks Inc. relating to the development of a new transmission line to meet expected demand growth and system needs in the Kingsville-Leamington area (Issued under section 28.6.1 of the Ontario Energy Board Act, 1998).

 

This transmission line has been identified as a priority project under section 96.1 of the Ontario Energy Board Act, 1998. For more information, visit our Priority Transmission Projects webpage.

EB-2020-0309
Oct 1-20

Mandate letter (pdf) from the Minister to the Chair of the OEB Board of Directors.


Mandate letter (pdf) from the Deputy Minister to the Chief Executive Officer of the OEB.

 
Dec 12-19

Letter (pdf)(1) from the Minister requiring the OEB to examine and report back to the Ministry on potential projects to expand access to natural gas distribution systems for new customers.

 

(1) This letter was issued under section 35 of the Ontario Energy Board Act, 1998, and is not in the nature of a Cabinet-approved directive to the OEB.
Potential Projects to Expand Access to Natural Gas Distribution
Mar 21-19

Directive (pdf) revoking or amending earlier Directives issued to the OEB in relation to electricity conservation and demand management, as a consequence of the government’s decision to discontinue the 2015-2020 Conservation First Framework.

 
Jan 30-19

Directive (pdf) requiring the OEB to amend the electricity transmission licence of Upper Canada Transmission Inc., operating as NextBridge Infrastructure LP, related to the development and construction of the East-West Tie Line Project. (Issued under section 28.6.1 of the Ontario Energy Board Act, 1998).

East-West Tie Leave to Construct
Oct 25-17

Directive (pdf) requiring the OEB to submit an implementation plan in respect of the government’s 2017 Long-Term Energy Plan (Issued under section 25.30 of the Electricity Act, 1998).

 
Oct 25-17

Directive (pdf) requiring the OEB to annually review and publish the verified results of measures to maximize the efficiency of distribution infrastructure (Issued under sections 27.1 and 27.1 of the Ontario Energy Board Act, 1998. This directive amends the March 26, 2014 CDM directive).

Note: Revoked by directive issued on March 21, 2019

 
Nov 9-16

Letter (pdf)(1) from the Minister requiring the OEB to examine and report on retail transportation fuels prices.

 

(1) This letter was issued under section 35 of the Ontario Energy Board Act, 1998, and is not in the nature of a Cabinet-approved directive to the OEB.
Understanding Retail Transportation Fuel Pricing in Ontario
Jul 29-16

Directive (pdf) requiring the OEB to amend the transmission licence of Wataynikaneyap Power LP relating to the development of a transmission line to Pickle Lake and transmission lines extending north from Red Lake and Pickle Lake required to connect sixteen remote First Nation communities. (Issued under section 28.6.1 of the Ontario Energy Board Act, 1998).

 

For more information, visit our Priority Transmission Projects webpage.

 
Jun 27-16

Letter (pdf)(1) from the Minister requiring the OEB to report on an appropriate electricity rate (or rate assistance) for on-reserve First Nations electricity consumers.

 

(1) This letter was issued under section 35 of the Ontario Energy Board Act, 1998, and is not in the nature of a Cabinet-approved directive to the OEB.
EB-2016-0274
Apr 23-14

Letter (pdf)(1) from the Minister requiring the OEB to report on developing and implementing an appropriate electricity rate-affordability program for low-income electricity consumers.

 

(1) This letter was issued under section 35 of the Ontario Energy Board Act, 1998, and is not in the nature of a Cabinet-approved directive to the OEB.
EB-2014-0227
Mar 26-14Directive (pdf) requiring the OEB to amend the licences of electricity distributors regarding CDM activities for the period January 2015 to December 2020 and to develop a DSM policy framework for natural gas distributors for the same period. (Issued under sections 27.1 and 27.2 of the Ontario Energy Board Act, 1998
Note:  Amended by directive issued on October 25, 2017 and by directive issued on March 21, 2019
EB-2015-0117
Dec 18-13

Letter (pdf)(1) from the Minister requiring the OEB to commence a review of Part II of the ECPA and the regulations made under Part II.

 

(1) This letter was issued under section 30 of the Energy Consumer Protection Act, 2010, and is not in the nature of a Cabinet-approved directive to the OEB.
EB-2014-0158
Nov 27-13Directive (pdf) requiring the OEB to amend the transmission licence of Hydro One Networks Inc. relating to the development of certain transmission projects. (Issued under section 28.6 of the Ontario Energy Board Act, 1998.) 
Nov 13-13

Letter (pdf)(1) from the Minister requiring the OEB to consult and report on TransCanada’s proposal to develop the Energy East pipeline project.

 

The Ontario Energy Board has received a letter from the Minister of Energy requiring the Ontario Energy Board to consult and report to the Minister on certain aspects of TransCanada’s proposal to develop the Energy East Pipeline project.

 

The Minister has asked the OEB to consider the implications of four specific impacts, namely:

  1. Impacts on Ontario natural gas consumers, in particular those in Eastern and Northern Ontario in terms of rates, reliability and access to supply;
  2. Impacts in Ontario on the natural environment and pipeline safety;
  3. Impacts in Ontario on local communities and Aboriginal communities; and
  4. The short and long-term economic impacts of the project in Ontario.

The Minister acknowledges that the Energy East project falls under the jurisdiction of the National Energy Board and that our report will be used by the Ontario government to inform its participation in the NEB approval process.

 

As requested by the Minister, we are developing plans to consult directly with the public, including First Nations and Métis communities, local communities along the pipeline route, and other stakeholders regarding the matters that we have been asked to consider.

 

Details of those consultations will be shared publicly as soon as possible. The OEB will also establish a web page dedicated to the OEB’s review and report, including consultation details and other related information.

 

 

(1) This letter was issued under section 35 of the Ontario Energy Board Act, 1998, and is not in the nature of a Cabinet-approved directive to the OEB.
Energy East Consultation
Feb 17-11

Direction (pdf)(1) directing the OEB to ensure that the review of the Integrated Power System Plan (IPSP) is carried out no later than 12 months after the date the Ontario Power Authority submits the IPSP to the OEB.

 

(1) This direction is not a directive under the Ontario Energy Board Act, 1998 but rather a direction given under subsection 25.30 (6) of the Electricity Act, 1998.
 
Feb 9-11Directive (pdf) requiring the OEB to amend the transmission licence of Hydro One Networks Inc. relating to the development or the development and implementation of certain transmission projects. (Issued under section 28.6 of the Ontario Energy Board Act, 1998.) 
Nov 23-10Directive (pdf) requiring the OEB to provide guidance to licensed distributors and other regulated entities regarding the OEB’s expectations in relation to activities in support of the establishment and implementation of a smart grid. (Issued under section 28.5 of the Ontario Energy Board Act, 1998.)EB-2011-0004
Mar 31-10Directive (pdf) requiring the OEB to establish electricity conservation and demand management (CDM) targets to be met by licensed electricity distributors and to issue a code pertaining to CDM. (Issued under sections 27.1 and 27.2 of the Ontario Energy Board Act, 1998.)EB-2010-0216
Sep 8-09Directive (pdf) requiring the OEB to dispense with compliance by Enbridge Gas Distribution Inc. and Union Gas Limited with sections of their respective undertakings given to the Lieutenant Governor in Council, such that these gas utilities can own and operate certain generation facilities as well as assets required in respect of the provision of energy conservation services. (Issued under section 27.1 of the Ontario Energy Board Act, 1998.) 
May 16-07Directive (pdf) requiring the OEB to implement such measures as the OEB considers necessary to address the issue of stray voltage as it affects the farm sector. (Issued under section 27 of the Ontario Energy Board Act, 1998.)EB-2007-0709
Aug 10-06Directive (pdf) requiring the OEB to dispense with compliance by Enbridge Gas Distribution Inc. and Union Gas Limited with sections of their respective undertakings given to the Lieutenant Governor in Council, such that these gas utilities can provide services related to the promotion of conservation, electricity management and the promotion of cleaner energy sources. (Issued under section 27.1 of the Ontario Energy Board Act, 1998.) 
Jun 23-04Directive (pdf) requiring the OEB to develop and provide to the Minister of Energy an implementation plan for the achievement of the Government’s smart meter targets, as well as in relation to the need for and potential effectiveness of non-commodity time of use rate structures. (Issued under section 27.1 of the Ontario Energy Board Act, 1998.)RP-2004-0196
Jun 4-03Directive (pdf) requiring the OEB to consult with stakeholders to identify and review options for the delivery of demand side management and demand response activities within the electricity sector, and to report back to the Minister of Energy with the OEB’s analysis and recommendations. (Issued under section 27.1 of the Ontario Energy Board Act, 1998.)RP-2003-0144
Jun 4-03Directive (pdf) requiring the OEB to review and enhance licence conditions governing the connection of generation facilities to distribution systems, in particular in relation to net metering.  (Issued under section 27.1 of the Ontario Energy Board Act, 1998.)RP-2003-0113
Jun 7-00Directive (pdf) requiring that the OEB give primacy to the objective of protecting the interests of consumers in setting electricity distribution rates, and that the OEB invite representations from the council of the municipal corporation(s) within the service area of an electricity distributor before making an order setting that distributor’s distribution rates.  (Issued under section 27 of the Ontario Energy Board Act, 1998.)RP-2000-0069
Mar 24-99

Directive (pdf) requiring the OEB to implement and maintain certain conditions in the licences issued to Ontario Power Generation Inc. (OPG), the Independent Electricity Market Operator (as it was then known) and others to address issues that arise from the market share of Ontario Power Generation Inc. in the Ontario electricity sector.  (Issued under section 28 of the Ontario Energy Board Act, 1998.)

 

A number of successive directives were issued that required the OEB to modify certain of the conditions of licence, largely in relation to the “price cap and rebate” mechanism and, in one instance, to facilitate implementation by OPG of the reduction in CO2 emissions from the use of coal:

 

 

1 The power to issue directives is given to the Minister that is responsible for the administration of the Ontario Energy Board Act, 1998. At different times, that has been the Minister of Energy, Science and Technology, the Minister of Energy and Infrastructure, the Minister of Energy, Northern Development and Mines and the Minister of Energy.
 
2 For directives under the Ontario Energy Board Act, 1998, the date listed is generally the date of the applicable Order in Council. That date does not always coincide with the date on which the directive was received by the OEB.
 
3 Issued under section 28.1 of the Ontario Energy Board Act, 1998.