Implementing the OEB's 10-point Action Plan

Ensuring Efficiency and Effectiveness of the OEB’s Adjudicative Processes

The OEB has begun the implementation of its 10-point Action Plan (the Plan), part of its September 2024 Report Back to the Minister on Intervenors and Regulatory Efficiency (the Report). Both the plan and Report are aligned with the 2024 Minister’s Letter of Direction, which emphasizes regulatory efficiency to enable growth as a priority for the OEB. Specifically, the Plan aims to enhance adjudicative excellence, lower costs for consumers and reduce regulatory burden.

In addition to implementing the Plan, the OEB will continue to identify practices that ensure intervenor participation

Ensuring Efficiency and Effectiveness of the OEB’s Adjudicative Processes

The OEB has begun the implementation of its 10-point Action Plan (the Plan), part of its September 2024 Report Back to the Minister on Intervenors and Regulatory Efficiency (the Report). Both the plan and Report are aligned with the 2024 Minister’s Letter of Direction, which emphasizes regulatory efficiency to enable growth as a priority for the OEB. Specifically, the Plan aims to enhance adjudicative excellence, lower costs for consumers and reduce regulatory burden.

In addition to implementing the Plan, the OEB will continue to identify practices that ensure intervenor participation is cost effective, efficient and in the public interest.

OEB 10-point Action Plan

While the OEB’s current intervenor framework effectively allows parties with substantial interests to be heard in an efficient and cost-effective manner, the OEB intends to implement the following actions to enhance adjudicative excellence, lower costs for consumers, and reduce regulatory burden.

  1. Limiting the scope and number of intervenors in priority facility projects
  2. Establishing budgets for intervenors participating in certain applications
  3. Categorizing intervenors by interests and developing approaches for increasing collaboration
  4. Exploring options to minimize duplication in interrogatories
  5. Providing alternate approaches to engage individual customers outside of often technical and complex adjudicative proceedings
  6. Enhancing reporting, tracking and analysis of utility costs
  7. Enhancing annual reporting
  8. Continuing to actively adjudicate regulatory proceedings
  9. Continuing savings, efficiencies, and reduced regulatory burden for small utilities
  10. Maintaining predictable costs

  • Implementation Update - April 23, 2025

    The OEB issued a letter to provide an update regarding the implementation of two of the Plan's 10 initiatives:

    • Maintaining Predictable Costs – Updating the Cost Award Schedules
    • Categorizing Intervenors by Interests and Developing Approaches for Increasing Collaboration


    Maintaining Predictable Costs - Updating the Cost Award Schedules (Item #10)

    The Report highlighted the need to maintain predictable costs as a key area for action. In response, the OEB conducted a jurisdictional review of the intervenor cost award schedule (the schedule) for legal counsel and consultants, which was last updated in 2007.

    Effective June 1, 2025, the OEB will adjust the fee schedule for legal counsel and consultants for all new cost claims filed. This adjustment aligns with other jurisdictions and reflects the value provided by intervenors within the current regulatory framework. The OEB has updated its Practice Direction on Cost Awards, which establishes the maximum hourly rates that can be reimbursed.

    The OEB will also conduct annual inflationary reviews, and a benchmarking review every five years to ensure the fee schedule remains aligned with industry standards.

    Categorizing Intervenors by Interests and Developing Approaches for Increasing Collaboration (Item #3)

    The OEB plans to establish categories for intervenors that typically have a substantial interest in proceedings. Examples of categories could include intervenors who represent industrial customers, commercial property owners or environmental interests. Intervenors with similar interests will be required to coordinate with each other to enhance regulatory efficiency and avoid duplication in proceedings.

    Multiple intervenors can represent the same interest. For example, two industrial intervenors could have a material interest in a utility rate application that is within the scope of the proceeding. However, in cases where multiple intervenors represent the same interest, the Registrar and assigned panel of Commissioners will require them to collaborate to reduce duplication, streamline the adjudicative process, and limit costs. Further details are included in the Appendix to the letter.

    Next Steps

    The OEB is seeking feedback on the proposed list of typical intervenor categories (see Appendix), with the understanding that categories might be adjusted based on the type of application.

    Stakeholders who wish to provide comments on the categorization of intervenors should submit their comments to registrar@oeb.ca by May 14, 2025. Emails should include “EB-2025-0098 – 10-Point Action Plan – Item #3” in the subject line.

Page last updated: 24 Apr 2025, 09:16 AM