On December 1, 2015, the Government passed new legislation that will amend the Energy
Consumer Protection Act and the OEB Act. Royal assent
was received on December 3, 2015. The amendments will come into
force on a date to be named by proclamation from the Lieutenant
When first presented, this legislation had been titled
"The Strengthening Consumer Protection and Electricity
System Oversight Act, 2015." We discussed the
implications of the new legislation in an earlier
The amendments to the Energy Consumer Protection Act
will ban door-to-door sales for energy contracts. Additionally, the
amendments provide that Regulations and/or OEB Codes may be created
to prescribe the manner in which retailers determine the prices
charged for retailing of electricity and gas.
The amendments to the OEB Act address a number of
requiring the OEB to establish one or more processes by which
the interest of consumers may be represented in proceedings before
requiring distributors to maintain their head office, key
personnel and key decision making in Ontario;
adding to the OEB's ability to oversee and ensure
reliability and continuity of distribution and transmission
permitting the OEB to authorize transmitters or distributors to
carry on business other than transmission or distribution in
"special circumstances"; and
giving the OEB stronger oversight and enforcement powers,
including the increase of penalties to a maximum of $1 million per
day for companies violating OEB rules and directions.
Now that this legislation has been passed, we expect that
the Board will proceed with the second phase of its review of its intervenor participation model.
That initiative was discussed in an earlier
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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