EB-2017-0364 ONTARIO ENERGY BOARD IN THE MATTER OF the Ontario Energy Board Act, 1998; AND IN THE MATTER OF an Application by Hydro One Networks Inc. pursuant to s. 92 of the Act for an order or Orders granting leave to construct new transmission facilities (“Lake Superior Link”) in northwestern Ontario; AND IN THE MATTER OF an Application by Hydro One Networks Inc. pursuant to s. 97 of the Act for an Order granting approval of the forms of the agreement offered or to be offered to affected landowners. BOOK OF AUTHORITIES CONSUMERS’ COUNCIL OF CANADA MOTION HEARD JUNE 4th and 5th, 2018 Michael Buonaguro Barrister and Solicitor 24 Humber Trail Toonto Ontario M6S 4C1 Phone: (416) 767-1666 Fax: (416) 767-1666 Email: [email protected] TABLE OF CONTENTS Tab 1 Statutory Powers Procedures Act, R.S.O. 1990, CHAPTER S.22 Tab 2 Ontario Energy Board Act, 1998, S.O. 1998, CHAPTER 15 Schedule B Tab 3 Ontario Energy Board Rules of Practice and Procedure Tab 4 RP-2005-0022, Decision and Order of the Ontario Energy Board, January 6, 2006 Tab 5 EB-2007-0050, Decision and Order of the Ontario Energy Board, September 15, 2008 Tab 6 Pavao v. Ministry of the Environment and Climate Change, 2016 ONSC 6040 Français Statutory Powers Procedure Act R.S.O. 1990, CHAPTER S.22 Consolidation Period: From November 3, 2015 to the e-Laws currency date. Last amendment: 2015, c. 23, s. 5. Legislative History: 1993, c. 27, Sched.; 1994, c. 27, s. 56; 1997, c. 23, s. 13; 1999, c. 12, Sched. B, s. 16; 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. B, s. 21; 2006, c. 19, Sched. C, s. 1 (1, 2, 4); 2006, c. 21, Sched. C, s. 134; 2006, c. 21, Sched. F, s. 136 (1); 2009, c. 33, Sched. 6, s. 87; 2015, c. 23, s. 5. CONTENTS 1. Interpretation 2. Liberal construction of Act and rules 3. Application of Act 4. Waiver 4.1 Disposition without hearing 4.2 Panels, certain matters 4.2.1 Panel of one, reduced panel 4.3 Expiry of term 4.4 Incapacity of member 4.5 Decision not to process commencement of proceeding 4.6 Dismissal of proceeding without hearing 4.7 Classifying proceedings 4.8 Alternative dispute resolution 4.9 Mediators, etc.: not compellable, notes not evidence 5. Parties 5.1 Written hearings 5.2 Electronic hearings 5.2.1 Different kinds of hearings in one proceeding 5.3 Pre-hearing conferences 5.4 Disclosure 6. Notice of hearing 7. Effect of non-attendance at hearing after due notice 8. Where character, etc., of a party is in issue 9. Hearings to be public; maintenance of order 9.1 Proceedings involving similar questions 10. Right to representation 10.1 Examination of witnesses 11. Rights of witnesses to representation 12. Summonses 13. Contempt proceedings 14. Protection for witnesses 15. Evidence 15.1 Use of previously admitted evidence 15.2 Witness panels 16. Notice of facts and opinions 16.1 Interim decisions and orders 16.2 Time frames 17. Decision; interest 17.1 Costs 18. Notice of decision 19. Enforcement of orders 20. Record of proceeding 21. Adjournments 1 1 4.5 (1) Subject to subsection (3), upon receiving documents relating to the commencement of a proceeding, a tribunal or its administrative staff may decide not to process the documents relating to the commencement of the proceeding if, (a) the documents are incomplete; (b) the documents are received after the time required for commencing the proceeding has elapsed; (c) the fee required for commencing the proceeding is not paid; or (d) there is some other technical defect in the commencement of the proceeding. Notice (2) A tribunal or its administrative staff shall give the party who commences a proceeding notice of its decision under subsection (1) and shall set out in the notice the reasons for the decision and the requirements for resuming the processing of the documents. Rules under s. 25.1 (3) A tribunal or its administrative staff shall not make a decision under subsection (1) unless the tribunal has made rules under section 25.1 respecting the making of such decisions and those rules shall set out, (a) any of the grounds referred to in subsection (1) upon which the tribunal or its administrative staff may decide not to process the documents relating to the commencement of a proceeding; and (b) the requirements for the processing of the documents to be resumed. Continuance of provisions in other statutes (4) Despite section 32, nothing in this section shall prevent a tribunal or its administrative staff from deciding not to process documents relating to the commencement of a proceeding on grounds that differ from those referred to in subsection (1) or without complying with subsection (2) or (3) if the tribunal or its staff does so in accordance with the provisions of an Act that are in force on the day this section comes into force. 1999, c. 12, Sched. B, s. 16 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. B, s. 16 (3) - 14/02/2000 Dismissal of proceeding without hearing ) 4.6 (1 Subject to subsections (5) and (6), a tribunal may dismiss a proceeding without a hearing if, (a) the proceeding is frivolous, vexatious or is commenced in bad faith; (b) the proceeding relates to matters that are outside the jurisdiction of the tribunal; or (c) some aspect of the statutory requirements for bringing the proceeding has not been met. Notice (2) Before dismissing a proceeding under this section, a tribunal shall give notice of its intention to dismiss the proceeding to, (a) all parties to the proceeding if the proceeding is being dismissed for reasons referred to in clause (1) (b); or (b) the party who commences the proceeding if the proceeding is being dismissed for any other reason. Same (3) The notice of intention to dismiss a proceeding shall set out the reasons for the dismissal and inform the parties of their right to make written submissions to the tribunal with respect to the dismissal within the time specified in the notice. Right to make submissions (4) A party who receives a notice under subsection (2) may make written submissions to the tribunal with respect to the dismissal within the time specified in the notice. Dismissal (5) A tribunal shall not dismiss a proceeding under this section until it has given notice under subsection (2) and considered any submissions made under subsection (4). Rules 5 2 Français Ontario Energy Board Act, 1998 S.O. 1998, CHAPTER 15 Schedule B Consolidation Period: From April 1, 2018 to the e-Laws currency date. Last amendment: 2017, c. 34, Sched. 46, s. 33. Legislative History: 1999, c. 6, s. 48; 2000, c. 26, Sched. D, s. 2; 2001, c. 9, Sched. F, s. 2; 2002, c. 1, Sched. B (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2012); 2002, c. 17, Sched. F, Table; 2002, c. 23, s. 4; 2003, c. 3, s. 2-90; 2003, c. 8; 2004, c. 8, s. 46, Table; 2004, c. 17, s. 32; 2004, c. 23, Sched. B (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2014); 2005, c. 5, s. 51; 2006, c. 3, Sched. C; 2006, c. 21, Sched. F, s. 136 (1); 2006, c. 32, Sched. C, s. 42; 2006, c. 33, Sched. X; 2006, c. 35, Sched. C, s. 98; 2007, c. 8, s. 222; 2009, c. 12, Sched. D; 2009, c. 33, Sched. 2, s. 51; 2009, c. 33, Sched. 6, s. 77; 2009, c. 33, Sched. 18, s. 21; 2010, c. 8, s. 38; 2010, c. 26, Sched. 13, s. 17; 2011, c. 1, Sched. 4; 2011, c. 9, Sched. 27, s. 34; See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - December 31, 2011; 2014, c. 7, Sched. 23; 2015, c. 20, Sched. 31; 2015, c. 29, s. 7-20; CTS 16 MR 10 - 3; 2016, c. 10, Sched. 2, s. 11-16; 2016, c. 19, s. 17; 2016, c. 23, s. 61; 2017, c. 1; 2017, c. 2, Sched. 10, s. 2; 2017, c. 16, Sched. 1, s. 44; 2017, c. 16, Sched. 2; 2017, c. 20, Sched. 8, s. 109; 2017, c. 25, Sched. 9, s. 106; 2017, c. 34, Sched. 18, s. 3; 2017, c. 34, Sched. 31; 2017, c. 34, Sched. 46, s. 33. CONTENTS PART I GENERAL 1. Board objectives, electricity 2. Board objectives, gas 2.1 Board objectives, implementation plans 3. Definitions PART II THE BOARD 4. Ontario Energy Board 4.1 Composition 4.2 Management committee 4.3 Panels 4.3.1 Market Surveillance Panel 4.4 Stakeholder input 4.4.1 Consumer advocacy 4.5 Fiscal year 4.6 Memorandum of understanding 4.7 Minister’s request for information 4.8 Financial statements 4.9 Annual report 4.9.1 Tabling of annual report 4.10 By-laws 4.11 Restrictions on Board powers 4.12 Purchases and loans by Province 4.13 Authority re income 4.14 Collection of personal information 4.15 Non-application of certain Acts 4.16 Members and employees 5. Chief operating officer and secretary 6. Delegation of Board’s powers and duties 7. Appeal from delegated function 8. Review of delegated function 9. Power to administer oaths 1 3 Leave to construct hydrocarbon line 90 (1) No person shall construct a hydrocarbon line without first obtaining from the Board an order granting leave to construct the hydrocarbon line if, (a) the proposed hydrocarbon line is more than 20 kilometres in length; (b) the proposed hydrocarbon line is projected to cost more than the amount prescribed by the regulations; (c) any part of the proposed hydrocarbon line, (i) uses pipe that has a nominal pipe size of 12 inches or more, and (ii) has an operating pressure of 2,000 kilopascals or more; or (d) criteria prescribed by the regulations are met.