Implementing the OEB's 10-point Action Plan

Ensuring Efficiency and Effectiveness of the OEB’s Adjudicative Processes

The OEB has completed all milestones under the 10-Point Action Plan for the 2025-2026 fiscal year. Key deliverables included updating the cost award tariffs under the Practice Direction on Cost Awards to better reflect rates used in other jurisdictions and introducing the Small Distributor Process for cost of service applications to reduce regulatory burden and simplify the review for small electricity distributors

The OEB will continue looking for opportunities to enhance adjudicative excellence, lower costs for consumers, and reduce regulatory burden.

1. Limiting the scope and number of intervenors in OEBContinue reading

Ensuring Efficiency and Effectiveness of the OEB’s Adjudicative Processes

The OEB will continue looking for opportunities to enhance adjudicative excellence, lower costs for consumers, and reduce regulatory burden.

1. Limiting the scope and number of intervenors in OEB proceedings for priority facility project applications

The OEB has reviewed the applicable statutory framework and existing government direction relating to priority facility applications. The facility applications addressed in the review included:

electricity transmission lines designated as priority projects under section 96.1 of the Ontario Energy Board Act, 1998 (OEB Act);
hydrocarbon pipeline projects that qualify for an exemption from leave to construct under the OEB Act, and specifically, section 3 and 3.0.1 Ontario Regulation 328/03; and
projects funded through Ontario’s Natural Gas Expansion Program.

The review confirmed that the current legislative and policy context sufficiently establishes clear parameters for the scope of the OEB’s review and the nature of issues that may be considered in these proceedings. In particular, the existing framework reflects government direction to facilitate the timely development of certain types of energy infrastructure, including designated electricity transmission projects, qualifying hydrocarbon pipeline activities, and expansion projects supported through Ontario’s Natural Gas Expansion Program.

Based on this review, the OEB concludes that the existing statutory and policy framework provides an appropriate and effective basis for scoping proceedings, and by extension, a basis for scoping intervenor participation. The OEB also actively adjudicates proceedings to ensure that the scope, and related intervenor participation, remains appropriate.

2. Establishing budgets for intervenors participating in certain applications

The OEB is moving forward with Item 2 of its 10‑Point Action Plan by continuing the use of a $20,000 budget for intervenors participating in cost of service applications from electricity distributors with fewer than 30,000 customers.

The budget was piloted in ten proceedings, with average costs of $15,332 per intervenor, well below the established budget. In instances where costs exceeded the cap, intervenors were expected to provide rationale for the exceedance. This approach encouraged greater focus on material issues. The pilot was praised for its flexibility to exceed the cap where higher costs were justified.

In instances where the OEB chooses to apply a budget for intervenors, the budget will continue to be set out in Procedural Order No. 1. Requests to exceed the cap must include appropriate justification and are expected to be primarily in proceedings involving atypical or complex issues.

While $20,000 remains the standard, the OEB may adjust budgets based on proceeding complexity.

3. Categorizing intervenors by interests and developing approaches for increasing collaboration

The OEB piloted the use of intervenor categories in Enbridge Gas Inc.’s (Enbridge Gas) Demand Side Management (DSM) Plan application (EB-2024-0198). However, because the scope of the proceeding changed significantly (i.e., from a multi-year plan to a single-year extension), the OEB and intervenors agreed that the case did not provide an ideal opportunity to fully assess the categorization approach. A summary of the pilot results is provided in the OEB’s February 24, 2026, letter.

The OEB is now piloting the use of intervenor categories again in Enbridge Gas’s 2027-2030 DSM Plan application (EB-2025-0295). Following the completion of this pilot, the OEB will provide an update on the use of formal collaboration and intervenor categorization in proceedings.

4. Exploring options to minimize duplication in interrogatories

The OEB piloted the use of SharePoint to support collaboration and reduce duplication in interrogatories. Two SharePoint‑based approaches were tested using 2026 cost of service applications from two electricity distributors with revenue requirements under $500 million.

The pilot produced mixed results. While there was some reduction in the number of duplicative interrogatories, both approaches resulted in a notable increase in time, effort, and associated costs for OEB staff and intervenors during the interrogatory stage. Challenges related to coordination, document management, and platform limitations ultimately outweighed any reductions in duplicative interrogatories.

As a result, the OEB will discontinue the use of SharePoint for collaborative interrogatory drafting in the piloted formats and will instead continue to explore other approaches to reducing duplicative interrogatories.

In addition, to enhance efficiency in regulatory proceedings, the OEB revised Procedural Order No. 1 to provide clearer guidance on document preparation and filing requirements, including a notice that limits may be imposed on the number of interrogatories and the length of submissions.

5. Providing alternate approaches to engage individual customers outside of often technical and complex adjudicative proceedings

The OEB developed a vetting process to screen individual intervenors. Updates to the Rules of Practice and Procedure now clarify the criteria for granting intervenor status to individuals representing personal or policy interests. OEB staff will continue to provide the necessary support to individual intervenors to help them understand and effectively participate in the adjudicative process.

6. Enhancing reporting, tracking and analysis of utility costs

7. Enhancing annual reporting

The OEB has leveraged data that it currently collects on application costs for electricity distribution cost of service applications and transmission revenue requirement applications to publish a new cost reporting dashboard. The published static dashboard reports on applicants, intervenor and OEB adjudicative costs. A second dynamic version of the dashboard will be published shortly after fiscal 2025/2026 year-end.

Future versions of the dashboards may include additional application types (e.g., natural gas rate applications, electricity and natural gas facilities applications). To enable this expanded reporting, filing requirements would need to be updated to capture costs for these additional application types.

8. Continuing to actively adjudicate regulatory proceedings

The OEB has developed an information sheet that explains how active adjudication contributes to more efficient and cost-effective regulatory proceedings. The information sheet draws on a jurisdictional review of best practices and subsequent discussions to strengthen and refine our approach. Documenting these practices will support consistency and transparency going forward.

9. Continuing savings, efficiencies, and reduced regulatory burden for small utilities

Building on the Very Small Distributors (VSD) pilot project, the OEB introduced a one-day issues meeting as part of its new Small Distributor Process for cost of service applications. This streamlined approach is intended to reduce regulatory burden and simplify the review of applications for small electricity distributors (those with fewer than 20,000 customers). Chapter 2 of the Filing Requirements for Electricity Distribution Rate Applications has been updated to include the acceptance criteria for the Small Distributor Process, which applies to electricity distributors filing 2027 rate applications.

10. Maintaining Predictable Costs - Updating the Cost Award Schedules

The OEB revised its cost award schedule for legal counsel and consultants, effective June 1, 2025. The update aligns fee levels with comparable jurisdictions and reflects the role of intervenor contributions under the current regulatory framework. Going forward, the OEB will conduct annual reviews and conduct a five-year benchmarking process to maintain alignment with industry standards.

UPDATES

Implementation Update – Action Item #7

Action Item #7 – Enhancing annual reporting
The OEB has published a new cost reporting dashboard as part of Item 7 of its 10-Point Action Plan. The dashboard leverages existing application cost data for electricity distribution cost of service applications and transmission revenue requirement applications and reports on applicant, intervenor and OEB adjudicative costs.
Action Item #7 – Enhancing annual reporting
The OEB has published a new cost reporting dashboard as part of Item 7 of its 10-Point Action Plan. The dashboard leverages existing application cost data for electricity distribution cost of service applications and transmission revenue requirement applications and reports on applicant, intervenor and OEB adjudicative costs.
Implementation Update - Action Item #3

Action Item #3 – Categorizing intervenors by interests and developing approaches for increasing collaboration
The OEB has issued a letter summarizing the outcomes of its initial pilot on intervenor categorization and required collaboration. Feedback from participating parties indicates that coordinated participation can reduce duplicative interrogatories and support a more efficient adjudicative process.
Building on these lessons, the OEB will undertake a second pilot as part of Enbridge Gas’s 2027–2030 DSM Proceeding (EB‑2025‑0295). Further details will be provided in Procedural Order No. 1.

Action Item #3 – Categorizing intervenors by interests and developing approaches for increasing collaboration
The OEB has issued a letter summarizing the outcomes of its initial pilot on intervenor categorization and required collaboration. Feedback from participating parties indicates that coordinated participation can reduce duplicative interrogatories and support a more efficient adjudicative process.
Building on these lessons, the OEB will undertake a second pilot as part of Enbridge Gas’s 2027–2030 DSM Proceeding (EB‑2025‑0295). Further details will be provided in Procedural Order No. 1.
Implementation Update - Action Item #2

Item 2 – Establishing budgets for intervenors participating in certain applications
The OEB is moving forward with Item 2 of its 10‑point Action Plan by continuing the use of $20,000 “soft cap” budgets for intervenors participating in cost of service applications from electricity distributors with fewer than 30,000 customers.
The soft cap was piloted in ten proceedings and resulted in average costs of $15,332 per intervenor, with participants responding positively to the flexibility to exceed the cap when justified.
The budget will continue to be communicated in Procedural Order No. 1, and any requests to go over the cap must include appropriate justification, particularly where proceedings involve atypical or complex issues.
While $20,000 remains the standard, the OEB may adjust budgets depending on proceeding complexity, and will review the ongoing use of this standard as part of its assessment of cost award tariffs.
Item 2 – Establishing budgets for intervenors participating in certain applications
The OEB is moving forward with Item 2 of its 10‑point Action Plan by continuing the use of $20,000 “soft cap” budgets for intervenors participating in cost of service applications from electricity distributors with fewer than 30,000 customers.
The soft cap was piloted in ten proceedings and resulted in average costs of $15,332 per intervenor, with participants responding positively to the flexibility to exceed the cap when justified.
The budget will continue to be communicated in Procedural Order No. 1, and any requests to go over the cap must include appropriate justification, particularly where proceedings involve atypical or complex issues.
While $20,000 remains the standard, the OEB may adjust budgets depending on proceeding complexity, and will review the ongoing use of this standard as part of its assessment of cost award tariffs.
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.
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.
Implementation Update - Fall 2025
The OEB continues to deliver on its 10-Point Action Plan. Significant progress has been made across a range of initiatives, underscoring our commitment to ongoing improvement in our adjudicative process. We are pleased to share this update on the implementation status of each item.
Action Plan Item 1 – Limiting the scope and number of intervenors in priority facility projectsTo support Ontario’s priority electricity and natural gas projects the OEB ensures regulatory proceedings for government-directed electricity and natural gas projects are appropriately scoped and proportionate to the nature of the review to maintain regulatory efficiency.
The OEB has initiatedContinue reading
The OEB continues to deliver on its 10-Point Action Plan. Significant progress has been made across a range of initiatives, underscoring our commitment to ongoing improvement in our adjudicative process. We are pleased to share this update on the implementation status of each item.
Action Plan Item 1 – Limiting the scope and number of intervenors in priority facility projectsTo support Ontario’s priority electricity and natural gas projects the OEB ensures regulatory proceedings for government-directed electricity and natural gas projects are appropriately scoped and proportionate to the nature of the review to maintain regulatory efficiency.
The OEB has initiated research and reviewed its approach to priority facility projects, including Indigenous engagement for natural gas facilities and will continue to assess intervenor status according to its relevance and significance within the proceeding’s defined scope.
Action Plan Item 2 – Establishing budgets for intervenors in certain applications
The OEB piloted a $20,000 budget per intervenor for cost of service applications involving 10 electricity distributors with less than 30,000 customers (see list below). The pilot cases have concluded, cost awards have been issued, and feedback has been gathered from intervenors. The OEB is reviewing the results to assess the value of the continued use of budgets.
Intervenor Budget Pilot Cases:

Algoma Power Inc. (EB-2024-0007)

Centre Wellington Hydro (EB-2024-0012)

Festival Hydro Inc. (EB-2024-0023)

Tillsonburg Hydro Inc. (EB-2023-0053)

Hydro Hawkesbury Inc. (EB-2024-0021)

Lakeland Power Distribution Ltd. (EB-2024-0039)

Hydro 2000 Inc. (EB-2024-0030)

Northern Ontario Wires Inc. (EB-2024-0046)

Welland Hydro-Electric System Corp. (EB-2024-0058)

Atikokan Hydro Inc. (EB-2024-0008)

Action Plan Item 3 – Categorizing intervenors by interests and developing approaches for increasing collaboration
On April 25, 2025, the OEB issued a letter and framework on intervenor categorization for stakeholder comment and has since reviewed the feedback received.
Intervenor categories were piloted in the Enbridge Gas Inc. Demand Side Management proceeding (EB-2024-0198), which has concluded and a decision has been issued. The OEB will meet with the parties to get their feedback on the pilot in December 2025. The OEB is preparing to pilot intervenor categories in another proceeding.
Action Plan Item 4 – Exploring options to minimize duplication in interrogatories
The OEB is piloting SharePoint for collaboration on interrogatories (IRs) in two cost of service rate applications:

Pilot A: Burlington Hydro Inc. (EB-2025-0051)

Pilot B: Oshawa PUC Distribution Inc. (EB-2025-0014)

For Pilot A, OEB staff independently filed one set of IRs and intervenors jointly filed a second set of IRs. Both sets of IRs were filed on the same due date.
For Pilot B, OEB staff shared its IRs with intervenors five days before the filing deadline, allowing intervenors an opportunity to review and add additional IRs. A single set of IRs was filed on the due date.
Both proceedings are expected to conclude in early 2026. After decisions are issued, the OEB will meet with parties to gather feedback, assess reductions in duplicative IRs, and determine whether to continue using SharePoint and what changes may be needed.
Action Plan Item 5 – Providing alternate approaches to engage individual customers outside of often technical and complex adjudicative proceedings
The OEB has developed a vetting process for screening individual intervenors. The Rules of Practice and Procedure have been updated to define criteria for granting intervenor status to those individuals representing personal or policy interests. OEB staff will continue assisting individual intervenors to enhance their understanding of the adjudicative process.
Action Plan Item 6 – Enhancing reporting, tracking and analysis of utility costs
The OEB continues to consult stakeholders on the reporting of utility costs and has begun collecting new data to support these efforts.
Action Plan Item 7 – Enhancing annual reporting
The OEB continues to consult stakeholders on enhancing annual reporting and has begun collecting new data to support these efforts.
Action Plan Item 8 – Continuing to actively adjudicate
The OEB has completed a jurisdictional scan to confirm its alignment with best practices in active adjudication. Building on these insights, we have engaged in discussions to strengthen and refine our current approaches. These improvements will be documented to promote consistency and transparency going forward.

Action Plan Item 9 - Providing alternate approaches to engage individual customers outside of often technical and complex adjudicative proceedings

The Very Small Distributors (VSD) pilot project has concluded.[1] The OEB reviewed its outcomes, including intervenor feedback and a comparison of formal interrogatories between pilot cases and previous cost of service applications. OEB staff prepared recommendations which have been adopted.

As a result, the OEB is introducing a one-day issues meeting as part of its new Small Distributor[2] Process for cost of service applications. This streamlined approach is designed to reduce regulatory burden and simplify the review for small electricity distributors. Chapter 2 of the Filing Requirements for Electricity Distribution Rate Applications will be updated to include the acceptance criteria for the Small Distributor Process, applicable to electricity distributors submitting 2027 rate applications.
Very Small Distributors Pilot Cases:

Hydro 2000 Inc. (Hydro 2000) (EB-2024-0030)

Atikokan Hydro Inc. (Atikokan Hydro) (EB-2024-0008)

Tillsonburg Hydro Inc. (Tillsonburg Hydro) (EB-2023-0053)

Hydro Hawkesbury Inc. (Hydro Hawkesbury) (EB-2024-0031)

Northern Ontario Wires Inc. (Northern Ontario Wires) (EB-2024-0046/EB-2025-0160)

[1] A VSD is an electricity distributor fewer than 5,000 customers. The VSD Pilot was previously name the Very Small Utilities Pilot.
[2] A small distributor has between 5,000 and 30,000 customers.
Action Plan Item #10 - Maintaining Predictable Costs - Updating the Cost Award Schedules
The OEB has revised its cost award schedule for legal counsel and consultants, effective June 1, 2025. This update aligns fees with other jurisdictions and reflects intervenor contributions under the current regulatory framework. Annual inflationary reviews and a five-year benchmarking process will ensure continued alignment with industry standards.
Implementation Update - May 28, 2025

The OEB is advancing the implementation of another of the Plan’s 10 initiatives, specifically Item 4 - Exploring options to minimize duplication in interrogatories. The OEB will pilot the use of technology and process changes to increase collaboration and reduce duplication, and the overall number of interrogatories (IRs) submitted from parties.
The OEB will select two test cases from among the 2026 Electricity Distributor less than $500 million revenue requirement Cost of Service applications. The test cases are still to be determined, however, the OEB intends to select medium-sized proceedings with three to five intervenors each. Once selected, two differentContinue reading
The OEB is advancing the implementation of another of the Plan’s 10 initiatives, specifically Item 4 - Exploring options to minimize duplication in interrogatories. The OEB will pilot the use of technology and process changes to increase collaboration and reduce duplication, and the overall number of interrogatories (IRs) submitted from parties.
The OEB will select two test cases from among the 2026 Electricity Distributor less than $500 million revenue requirement Cost of Service applications. The test cases are still to be determined, however, the OEB intends to select medium-sized proceedings with three to five intervenors each. Once selected, two different approaches will be taken.
Approach 1: OEB staff will independently file one set of IRs and intervenors will jointly file a second set of IRs. Both sets of IRs will be filed on the same due date.
Approach 2: OEB staff will share its IRs with intervenors five calendar days in advance of the IR filing due date. This will give intervenors an opportunity to review the OEB staff IRs and add any additional IRs accordingly. One set of IRs will be filed on the due date.
For both approaches, parties will prepare the IRs in Word and collaborate using SharePoint. The IRs will be filed as a PDF that will be placed on the public record, in accordance with current practices. Further instructions will be provided to the intervenors of each test case at a later date.
The OEB will meet separately with intervenors and the applicant at the conclusion of the proceeding to gather their feedback.
Intervenors will continue the current practice of filing separate submissions.
Intervenors will have an opportunity at the cost award stage to explain how they individually contributed value in the proceeding, including at the IR stage.
The OEB may conduct a second pilot involving larger sized proceedings with more intervenors, depending on the results of the first pilot. More information will be provided as it becomes available.
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 adjustContinue reading
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.