Energy Regulatory Watch | Q4 2021

Torys' Energy Regulatory practice shares emerging trends and developments for the energy sector in Ontario. This update offers insights into recent regulatory proceedings before the Ontario Energy Board (OEB) as well as legislative and regulatory changes that affect the sector. This is our inaugural issue which provides highlights from the first three quarters of 2021. Subsequent issues will be on a quarterly basis.

Part I: OEB regulatory proceedings

OEB cannot compel a non-customer to pay pipeline relocation costs

In a recent Enbridge Gas Leave to Construct (LTC) proceeding, the OEB considered whether it had jurisdiction to determine cost responsibility for a pipeline relocation project where the relocation was triggered by a party that was not the utility's customer, and whether it could compel that party to pay the associated relocation costs. As part of the Port Lands Flood Protection and Enabling Infrastructure Project, Waterfront Toronto requested that