Ontario Government Shortens Ontario Energy Board’s Leash

This July, the Ontario Energy Board (OEB) announced one year reappointments of two members, Vice-Chair Gord Kaiser and Member of the Board Paul Sommerville. Through its terms of reappointment, the Ontario government has now positioned the OEB so that five of the seven full-time members can be replaced by September 2010. (https://www.pas.gov.on.ca/scripts/en/BoardDetails.asp?boardID=764) The OEB’s mandating …

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Separating Electricity and Gas Regulation in Ontario

Establishing and sustaining an appropriate relationship between a regulatory agency and the respective governments it serves is the foundation stone for effective regulatory functioning. This relationship is guided by the regulatory mandate, key elements of which are the arrangements for the tenure of the decision makers. This essay addresses these issues in the context of …

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Removal of Keen from CNSC: Commentary on Federal Court decision

On April 7, 2009 the Federal Court issued a decision reaffirming the federal government’s right to terminate without cause the head of a technical safety-oriented regulatory agency. The court decision and the surrounding facts illustrate a fundamental barrier to the independence of quasi judicial regulatory bodies where the key decision makers hold tenure at the …

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