Implementation Update - Action Items #1, 4 and 8

The OEB is implementing Items 1, 4 and 8 of its 10-point Action Plan.

Action Plan Item 1 – Limiting the scope and number of intervenors in priority facility projects

The OEB is introducing a performance standard and a standard issues list for expropriation proceedings. The performance standard sets typical steps and timelines for section 99 applications, effective January 1, 2026, based on past reviews and stakeholder input. Both the standard and issues list are published on the OEB website and may be refined over time.

Action Plan Item 4 – Exploring Options to Minimize Duplication in Interrogatories

To enhance efficiency and reduce duplication in regulatory proceedings, the OEB has revised Procedural Order No. 1 to provide clearer guidance on document preparation and filing requirements.

The revisions include a notice that limits may be imposed on the number of interrogatories and the length of submissions. In addition, the OEB has amended its Rules of Practice and Procedure to address the use of artificial intelligence (AI) in preparing filings. Under Rule 9.03, any party using AI must disclose this at the beginning of the document and confirm that all AI-generated content has been independently verified for accuracy without AI assistance.

The OEB also reminds parties that, in determining cost awards, it will consider whether cost-eligible participants have demonstrated efforts to collaborate with similarly interested parties, avoid undue repetition, and focus on relevant and material issues, consistent with the Practice Direction on Cost Awards.

Action Plan Item 8 – Continuing to Actively Adjudicate

The OEB has revised its Protocol for Adjusting Adjudicative Timelines to ensure greater transparency and predictability when schedules need adjustment. Updates include aligning the Holiday Timeout with the Ontario Ministry of Education’s winter break – typically two weeks spanning Christmas and New Year’s – with specific dates communicated in April and October. The protocol’s appendix now lists past and future Holiday Timeout periods from 2022 to 2036, along with guidance for managing material delays beyond the OEB’s control.