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OEB Resource Guide

Understanding the Adjudication Process

The OEB follows an adjudicative process when reviewing applications filed with us by any party seeking an approval under the Ontario Energy Board Act, 1998.  Decisions are based on the evidence presented by the applicant and by other affected parties.

The OEB is required by law to hold public hearings for applications made to the Board and is responsible for balancing the interests of all stakeholders. Public hearings allow regulated entities (“applicants”) to outline their needs, or make their case, and for individuals or groups with concerns to have a voice in the hearing process.

When is OEB approval required?

Under provincial law, regulated entities are required to make an application to the OEB to undertake a variety of activities. Refer to the chart below for examples.

We assess applications based on various factors. For example, when reviewing applications for natural gas pipeline construction, the OEB considers whether the proposal is in the public interest by reviewing need, safety, economic feasibility, community benefits, security of supply and environmental impact. On an electricity transmission project, the OEB examines the effect on consumers with respect to prices, reliability and quality of electricity service. The OEB does not have authority to review or approve environmental issues related to electricity transmission since that is a responsibility of the Ontario Ministry of the Environment.

How are public hearings conducted?

Hearings are conducted in a court-like manner, but are not as formal as a court of law. Our objective: rendering a decision, after reviewing all the information and facts presented. The following parties can participate in public hearings: 1) the applicant; 2) the public – in an “intervenor” and/or “observer” capacity; and 3) the OEB (staff).

What Requires OEB Approval

How can the public participate?

Public hearings enable individuals or groups who may be affected by the OEB’s ruling to express their views and participate in the decision-making process. In most cases, when an application is received by the Board, the applicant is required to provide public notice of the application in a newspaper or by directly serving a copy to affected parties.  The public can then apply to participate in various ways.

Intervenors

These are interested groups or individuals who actively participate in the hearing. Intervenors may include consumers, consumer and trade associations, environmental groups, public interest groups and affected individuals.

Anyone intending to intervene in the proceeding, by submitting evidence, arguments or interrogatories (written questions) or by cross-examining a witness or witnesses at an oral hearing, must file a letter of intervention with the OEB and serve a copy to the applicant.

Observers

Interested groups or individuals who do not want to actively participate in the proceeding but who wish to monitor its progress by obtaining documents issued by the OEB may file a request to receive observer status in the proceeding.

Written comments

Without becoming intervenors, individuals or groups may submit written comments to the OEB pertaining to the proceeding. All such letters become part of the public record in the proceeding and a copy will be provided to the hearing panel as well as the applicant. A letter of comment is not sworn evidence and is not subject to cross-examination.

Oral comments

Comments at the oral proceeding can be arranged by the OEB Board Secretary, who will advise of a date and time for the comment to be heard before the Hearing Panel. We 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. Those who provide oral or written comments will not be granted intervenor status and will not automatically be given any of the pre-filed evidence or allowed to cross-examine witnesses.

What are the rights of applicants and stakeholders?

Applicants and stakeholders are entitled to:

1. the right to be heard:
   • the OEB must deal with all applications that are within its mandate; and
   • the OEB must allow all parties with legitimate direct interests to participate.
     
     
2. the right to know the case:
   • all parties must receive adequate notice; and
   • all parties must receive all information on which the decision is to be based.
     
     
3. the right to have the decision made by persons who have heard the evidence:
   1. nobody except panel members may make the decision.

How long does an application take to adjudicate/process in full?

The duration of this process – from the time an application is filed to the time a decision is rendered and communicated by the OEB – varies depending on the type and complexity of application being made.  See the following chart for examples of timelines, as well as the typical steps involved in processing applications.

What is involved in processing applications?

Step 1 Applicant files an application with OEB.* * Specific application guidelines can be downloaded from the OEB’s website.	Example A Licence Application, written hearing	Example B Rate Application, with oral hearing	Example C Leave to Construct application, with oral hearing
Step 2 OEB receives application and supporting evidence from the applicant, reviews the information and confirms the application is complete.
Step 3 A Notice of Application or a Notice of Public Hearing is published in newspapers, posted on the OEB`s website or served on individuals. Such notices outline the subject matter to be determined at the hearing, whether the proceeding will be written or oral, and the steps required to participate in the proceeding.
Step 4 A series of procedures and hearings are arranged and held to review all submitted evidence. Variation in procedures depends upon whether it is an oral or written hearing.
Step 5 Decision rendered and communicated.	90 Days	235 Days	210 Days

Related Information

PDF Version:

CONTENTS:

Welcome to the OEB Resource Guide

Energy Sector Regulation: A Brief Overview

The OEB and You: What and How We Regulate

Understanding the Adjudication Process

Inside the OEB: Who Does What?

Reference Documents

Glossary & OEB Contacts

This information is provided as a public service. Although we endeavor to ensure that the information is as current and
accurate as possible, errors do occasionally occur. Therefore, we cannot guarantee the accuracy of the information.
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This page last updated on 2009-03-31
Copyright information: Queens Printer for Ontario, 2008