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. Enbridge Gas Inc v. Ontario Energy Board

In Enbridge Gas Inc v. Ontario Energy Board (Div Ct, 2020) the Divisional Court sets out briefly the role of the Ontario Energy Board:
[4] The OEB is the energy regulator for Ontario. It has the power to set the rates that a regulated utility can charge its customers. Pursuant to s. 36(2) of the Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sch. B (the “Act”), the OEB is authorized to “make orders approving or fixing just and reasonable rates” for the sale, transmission, distribution and storage of natural gas. Pursuant to s. 36(3), it may adopt any method or technique that it considers appropriate for approving or fixing just and reasonable rates. When an applicant seeks approval for rate changes, it has the burden to show the rates sought are just and reasonable (s. 36(4)).


[14] Pursuant to s. 33(2) of the Act, an appeal lies to this Court from an order of the OEB only on a question of law or jurisdiction. Given the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the standard of review on this appeal is correctness (see para. 37).


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