As reported in Part 105 of this series, the Ontario Energy Board, under the leadership of chair Rosemarie Leclair, announced in January of this year a reorganization of the Board. An undisclosed element of that reorg violated the requirements of the Ontario Energy Board Act. In a new organization chart issued February 3, that Board has attempted to paper over one of the violations indicated by an document associated with the January reorg and included in Part 105.
Here is the newly revised org chart:
Unlike the January version, the new diagram presents the Management Committee of the Board consistent with the requirements of the legislation except for the fact that the Management Committee does not currently have two vice chairs, as required in the legislation. The Ontario government has allowed this condition to persist since July 4, 2010. As discussed in Part 96 of this series, full time Board member Ken Quesnelle is expected to be appointed as a second vice chair pending confirmation by the legislature’s Standing Committee on Government Agencies sometime after the house reconvenes February 18.
The new diagram continues to show the regulator operating without a COO as required in the legislation, the Board’s MOU with the Minister of Energy, and also the OEB’s Bylaw #1. A copy of the version of Bylaw #1 now in force, which sets out the duties of the COO, is captured here: OEB_bylaw_1 as of Feb 6 2014
Part 105 of this series has been the most popular posting on this site since it was published.
In other regulatory governance news, notice that under Ms. Leclair’s leadership, the OEB has failed to disclose its annual financial statements since the fiscal year 2010 – 2011.
Post Script 5:15 pm: The OEB reports that its annual reports for F2011/12 and F2012/13 have been provided to the government pursuant to Section 4.9 of the OEB Act but have not yet been tabled in the legislature and therefore cannot be released.
IF this Board “disclosed” it’s Financial Statements, then possibly they could be “questioned” about their activities and possibly could be found “acting outside the law”?
At least that’s what this intentional failure to comply with the Act suggests. Possibly the Ombudsman could broaden his mandate in his Hydro One investigation to include the OEB’s flagrant abuse of it’s public obligations?
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