Ontario Energy Regulator Clarifies Position On Electric Vehicle (EV) Charging Stations

As Ontario moves toward meeting its Climate Change Action Plan objectives, the conversion of fuel sources in the transportation sector is a key initiative. Within this sector, Ontario has just promised the creation of a province-wide network of electric vehicle (EV) charging stations. In a proactive move, the Ontario Energy Board (OEB) has issued a staff bulletin opinionating that EV charging is not currently subject to its jurisdiction as it is neither electricity distribution nor electricity retailing, as legislatively defined.

While Staff's views are expressly not binding on the decision makers at the Board in any proceeding before them, they are formulated and released in consultation with Board members and generally can be assumed to reflect the "institutional" views of the regulator (and thus the views of the Board members, subject to an evidentiary record demanding an alternative approach). That is, while they are not guarantees, these Bulletins are strongly