Appendix A: Terms of Reference
Purpose and Mandate
The Minister of Energy, Northern Development and Mines is seeking the advice of an independent panel through their review of the Ontario energy regulator in order to strengthen trust and transparency in the energy sector. Ontario energy stakeholders have repeatedly expressed concerns about Ontario's energy regulatory system. Informed by a wide spectrum of stakeholders and research, the Minister seeks the advice of an independent panel regarding immediate opportunities to enhance stakeholder confidence in the Ontario Energy Board (OEB). Strengthening the governance and operational framework of the OEB is intended to improve its decision-making, increase efficiency and promote best value for consumers.
The review is expected to benefit Ontario businesses and consumers, as well as support the government priorities to reinforce accountability and trust in government agencies.
Deliverables and Scope
The Ministry of Energy, Northern Development and Mines is establishing the Ontario Energy Board Modernization Review Panel (Panel) to provide recommendations on how the OEB's governance and operations can deliver better outcomes for consumers. The Panel is a re-constitution of the Panel that operated between December 2017 and June 2018, with a narrower scope that focuses on governance and operations of the OEB. The work of the Panel is expected to identify immediate opportunities to restore trust and transparency in the energy sector and promote efficiency and improved effectiveness.
The Panel will operate for the lesser of four (4) months or until their report is complete and within that time-frame will deliver:
- a report summarizing the stakeholder input received during the prior Panel period, and
- a formal public report with recommendations on the items described below.
The final report of the Panel will provide the Minister with the Panel's advice and recommendations on the following areas:
- The OEB's internal governance structure, including opportunities to enhance oversight, transparency and accountability.
- Options for utilizing the OEB's policy expertise while protecting the independence of adjudicative processes.
- The OEB's internal operations, including opportunities to better align activities with outcomes that produce enhanced value for the sector.
This work will align with the government broader interests in finding efficiencies and exploring innovative ways to deliver sustainable programs and services.
Composition and membership
Reflecting their extensive experience in the energy sector, the Panel is composed of three members, as appointed by the Minister of Energy:
- Chair Richard Dicerni
- Member Cara Clairman
- Member Bruce Campbell
Appointments are effective for 4 months ending no later than December 31, 2018, and may be extended if necessary. Panel members will receive remuneration as may be provided for by Order-in-Council.
Operating and Ethical Principles
Members of the Panel will be expected to adhere to the operating and ethical principles as outlined in Ontario's Agencies and Appointments Directive:
- Not use or attempt to use his or her appointment to benefit himself or any person or entity;
- Not participate in or attempt to influence decision-making as an appointee if he or she could benefit from the decision;
- Not accept a gift that could influence, or that could be seen to influence, the appointee in carrying out the duties of the appointment;
- Not use or disclose any confidential information, either during or after the appointment, obtained as a result of his or her appointment for any purpose unrelated to the duties of the appointment, except if required to do so by law or authorized to do so by the Minister; and
- Not use government premises, equipment or supplies for purposes unrelated to his or her appointment; and
- Comply with such additional requirements, if any, established by the Panel itself, and/or the Minister.
For the purposes of the above "confidential information" means information that is not available to the public.
Governance, Organization, and Operation
Chair: The Chair shall preside at each meeting of the Panel. The Panel Chair is responsible for keeping the Minister up-to-date on the Panel's progress.
Meetings: Meetings will be scheduled as the Chair deems necessary for the Panel to accomplish its duties and purposes.
Role of the Ministry of Energy, Northern Development and Mines: The Ministry will provide secretariat functions, including staff to help with coordination and other activities.
The Ministry of Energy, Northern Development and Mines will exercise due diligence in limiting total Panel costs.
Process of consideration: The report of the Panel is expected to reflect a consensus. In the event that consensus among the Panel cannot be reached, the Chair will have the final determination of any matter.
Remuneration and Reimbursement of expenses: Panel will be remunerated at a per diem rate as approved in the remuneration Order-in-Council. The maximum remuneration for the Panel Chair is $26,028. The maximum remuneration for additional Panel members is $19,521. Panel members are expected to note the freeze on discretionary spending. Panel members will be reimbursed for all reasonable expenses actually incurred by them in carrying out their duties as outlined herein in accordance with all relevant Management Board of Cabinet directives including the Travel, Meal and Hospitality Expenses Directive. Total costs of the Panel are not to exceed $100,000.
Accountability Mechanisms
The Panel will operate in accordance with the conditions outlined in the Terms-of-Reference and all applicable Ontario directives, including: the Agency Establishment and Accountability Directive, the Government Appointees Directive, and the Travel, Meal and Hospitality Expenses Directive.
Effective Date
These Terms of Reference are effective as of the date the Minister signs. They can be changed at any time by the Minister.
Original signed by
Hon. Greg Rickford
Minister of Energy, Northern Development and Mines
Date: 28th August, 2018