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Participating in a Hearing
The Ontario Energy Board (OEB or Board) operates as an adjudicative tribunal and carries out its regulatory functions in proceedings through oral or written public hearings. These provide a forum for individuals or groups of individuals who may be affected by the Board's ruling to express their views to the Board and to participate meaningfully in the Board's decision-making process. Public participation helps ensure that the Board makes an informed decision.
There are a number of ways to participate in the Board's processes and assist the Board in its regulatory functions:
Intervenor
Interested groups or individuals who may be affected by the Board's ruling may wish to actively participate in the hearing. Hearings may be written or oral depending on the nature of the application. Active participants are called Intervenors. Intervenors may be eligible to receive a cost award for all or part of their reasonably incurred costs associated with participating in the proceeding. For information on the Board's Cost Award Process, please refer to FAQ: The Public Hearing Process.
Anyone intending to intervene in the proceeding, by submitting evidence, arguments, interrogatories (written questions) or by cross-examining a witness or witnesses at an oral hearing, must file a letter of intervention with the Board and serve a copy on the applicant at the address specified in the application.
Each letter of intervention must state:
- the interest of the intervenor in the proceedings and the grounds for the intervention;
- the affiliation of the intervenor, if any, and the full name, address, telephone number, fax or electronic access number of the intervenor for the purposes of service and delivery of documents in the proceeding;
- the intervenor's nature and scope of intended participation;
- whether the intervenor intends to seek an award of costs; and
- whether the intervenor intends to participate in the French language at the hearing.
Intervenors may include customers, consumer and trade associations, environmental groups, public interest groups and affected individuals.
Observer
Interested groups or individuals who do not want to actively participate in the proceeding, but who wish to monitor the progress of the proceeding by obtaining documents issued by the Board, may file a request with the Board Secretary to receive Observer status in the proceeding. There is no fee involved to receive documents issued by the Board to Observers. If you wish to receive documents with respect to the proceeding issued by the other parties to the proceeding, you may request these documents directly from the individual parties. However, you may be required to pay the provider of the information for expenses actually incurred in the preparation and delivery of these documents to you.
All documents filed in a proceeding may be examined and copied free of charge in the Information Resource Centre / Public File Room at the Board's offices.
Written Comment
If you wish to comment on the proceeding without becoming an intervenor, you may write a letter of comment to the Board Secretary clearly stating your views. All such letters will become part of the public record in the proceeding and a copy will be provided to the Hearing Panel, as well as to the applicant. It should be noted, however, that a letter of comment is not sworn evidence and is not subject to cross-examination.
Oral Comment
If you wish to comment at the oral proceeding, you may advise the Board Secretary, who will then contact you to arrange a date and time for your appearance at the hearing. The Board may determine whether a person who makes an oral presentation shall do so under oath or affirmation and be subject to cross-examination by the parties to the proceeding or be unsworn.
If you provide an oral or written comment only, you have not been granted intervenor status and you will not automatically be given any of the pre-filed evidence nor will you be allowed to cross examine witnesses.