Ontario’s Progressive Conservative government continues to put its stamp on the province’s energy policy, proposing legislation that would add “economic growth” to the missions of IESO and the Ontario Energy Board (OEB).
The Ministry of Energy and Mines posted the legislation Sept. 4, a day before the provincial government announced Geoff Owen as the OEB’s new chair. Owen, who has served on the board since 2021, was appointed chair at the recommendation of Minister Stephen Lecce.
The ministry’s proposed legislation is intended to support the province’s first Integrated Energy Plan, which seeks to ensure sufficient capacity for a forecast 75% increase in electric demand over the next 25 years. (See Ontario Energy Plan Gives IESO Long ‘To Do’ List.)
The bill would amend the Ontario Energy Board Act of 1998 and the Electricity Act of 1998 to update the missions of the OEB and IESO, making economic growth a “core consideration” in electric rulings and system planning. “The proposed amendments are targeted towards enhancing electricity transmission and distribution planning processes to account for the expediency of the electricity grid buildout to drive innovation and economic growth, and to strengthen self-reliance and energy security,” the ministry said.
In addition, the legislation would:
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- give the lieutenant governor authority to set connection requirements for data centers, which IESO projects will account for about 13% of new electricity demand by 2035.
- allow rate-regulated entities to establish accounts to track increased costs that could result from territory-of-origin restrictions on energy procurements. The OEB would review for prudency and rate recovery.
- expand the purposes of the Electricity Act to allow IESO to undertake clean hydrogen pilot projects with non-electricity applications such as transportation and industrial use.
- amend the Ontario Energy Board Act to enable the OEB CEO to issue “scoped policies” such as timelines for adjudicative proceedings and the information to be considered, such as relevant government policy statements. “This authority would not bind commissioners to make determinations in alignment with government direction/policy,” the ministry said.
- amend the Municipal Franchises Act to eliminate requirements that a municipality’s voters approve new natural gas municipal franchises. “The process to obtain municipal electors’ assent can be administratively burdensome and costly for some municipalities,” the ministry said. “Franchise applications often include a request to waive this requirement, and the OEB has granted that request in the vast majority of cases.”
- implement the Future Clean Electricity Fund, which would make payments to non-emitting hydro and nuclear electric resources and transmission projects. The FCEF will be funded by the Emission Performance Standards program, which is designed to reduce greenhouse gas emissions from large industrial facilities by “setting standards, rewarding innovation and taking into consideration specific industry/facility conditions while allowing for economic growth,” the ministry said.
Blowback over Gas Ruling
The Progressive Conservative Party, led by Premier Doug Ford, has controlled Ontario since 2018, when it ended 15 years of Liberal Party rule.
After canceling hundreds of what it said were above-market renewable energy contracts, the Ford administration has committed to expanding renewables in the province. But it also is backing an expansion of nuclear power and continued use of natural gas. In support of its Integrated Energy Plan, the Ministry of Energy and Mines issued a prescriptive 12-page directive spelling out in detail how IESO is to carry out its policy, with sections on planning, district energy systems, distributed energy resources, transmission, low-carbon hydrogen strategy, hydro and nuclear generation, and export opportunities. (See Ontario Integrated Energy Plan Boosts Gas, Nukes.)
The OEB has attracted increasing attention from the government since the board’s December 2023 decision rejecting a rate proposal by Enbridge Gas. OEB said it would require Enbridge or developers to pay 100% of the cost of new natural gas connections in advance. The board said the previous policy, which spread the costs to consumers over 40 years, would result in stranded assets as the province moves to meet Canada’s 2050 target for net-zero greenhouse gas emissions.
In February 2024, then-Energy Minister Todd Smith announced legislation to reverse the OEB ruling and said he would appoint a new OEB chair.
“Natural gas will continue to be an important part of Ontario’s energy mix as we implement our pragmatic plan to invest in and bring online more clean nuclear energy,” Smith said. “Unlike the previous government, which saddled families with sky-high hydro bills, our government is taking a thoughtful approach that keeps costs down for people and businesses and delivers energy security.”
In addition to reversing the OEB decision, the Keeping Energy Costs Down Act, which was approved in May 2024, authorizes the minister to issue directives requiring the OEB to hold a generic hearing to determine any matter respecting natural gas or electricity.
The ministry said OEB’s decision could add tens of thousands of dollars to the cost of new homes.
But an analysis by Western University’s Ivey Business School concluded that “the government’s decision to override the OEB should have virtually no effect on affordable housing in the province. Based on our admittedly rough estimates, their policy might reduce the annual cost of buying a home by $92.74 or it could possibly increase it $32.90. Hardly seems worth damaging regulatory independence for.”
In a December 2024 report, Ontario’s auditor general challenged the ministry’s claim that the new law would have no impact on the environment. “The ministry did not explain that the proposed changes had the potential to increase greenhouse gas emissions by encouraging the continued construction of new natural gas infrastructure and continuing Ontario’s reliance on fossil fuels instead of shifting to electricity,” it said.
OEB Chair
Owen, a principal at Foresight Strategic Advisors, joined the board in 2021, becoming vice chair in 2024 and acting chair in April. He previously held executive positions at the Royal Bank of Canada in regulatory affairs, business strategy and public affairs. He also served in the offices of the Premier of Ontario, Minister of Finance, Minister of Economic Development and Minister of Municipal Affairs and Housing.
“Mr. Owen assumes his role at a pivotal time, as the Ontario Energy Board begins to deliver on the Minister of Energy and Mines’ Integrated Energy Plan directive and continues carrying out our core regulatory responsibilities while supporting Ontario’s economic, social and environmental development,” OEB said in a press release.
Owen replaced Mark White, who served less than a year after being appointed OEB chair in July 2024.

