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Ministry of Energy Act, 2011

S.O. 2011, CHAPTER 9
Schedule 25

Historical version for the period May 29, 2019 to June 30, 2019.

Last amendment: 2019, c. 7, Sched. 17, s. 110.

Legislative History: 2014, c. 7, Sched. 20; 2019, c. 7, Sched. 17, s. 110.

Definitions

1 In this Act,

“Deputy Minister” means the Deputy Minister of Energy; (“sous-ministre”)

“Minister” means the Minister of Energy or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of Energy; (“ministère”)

“renewable energy source” has the same meaning as in the Electricity Act, 1998. (“source d’énergie renouvelable”)  2011, c. 9, Sched. 25, s. 1.

Ministry continued

2 The Ministry of the public service known in English as the Ministry of Energy and in French as ministère de l’Énergie is continued.  2011, c. 9, Sched. 25, s. 2.

Minister to have charge

3 The Minister shall preside over and have charge of the Ministry.  2011, c. 9, Sched. 25, s. 3.

Deputy Minister

4 The Lieutenant Governor in Council shall appoint a Deputy Minister of Energy who shall be the deputy head of the Ministry.  2011, c. 9, Sched. 25, s. 4.

Employees

5 Such employees as are required from time to time for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006.  2011, c. 9, Sched. 25, s. 5.

Protection from personal liability

6 (1) No action or other civil proceeding shall be instituted against the Deputy Minister, any public servant who works in the Ministry, anyone acting under authority delegated by the Minister under section 11, or a member of a committee established under section 12 for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty.  2011, c. 9, Sched. 25, s. 6 (1).

Liability of Crown

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted.  2011, c. 9, Sched. 25, s. 6 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (2) of the Act is amended by striking out “subsections 5 (2) and (4) of the Proceedings Against the Crown Act” and substituting “subsection 8 (3) of the Crown Liability and Proceedings Act, 2019”. (See: 2019, c. 7, Sched. 17, s. 110)

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 17, s. 110 - not in force

Responsibilities of the Minister

7 (1) The Minister or, subject to the direction and control of the Minister, the Deputy Minister, shall,

(a) review energy matters on a continuing basis with regard to short term, medium term and long term goals in relation to the energy needs of the Province of Ontario;

(b) advise and assist the Government of Ontario in its dealings with other governments regarding energy matters;

(c) make recommendations for the effective co-ordination of all energy matters within the Government of Ontario with a view to ensuring the consistent application of policy in every area of concern regarding energy and, despite the generality of the foregoing, regarding adequacy and reliability of supplies, reasonableness of prices, effective delivery of energy, and the development of energy resources indigenous to Ontario;

(d) make recommendations regarding priorities for and the development of research into all aspects of energy of significance to Ontario, including the conservation of energy and the improvement of efficiency in its production and utilization and the development of new energy sources; and

(e) do any one or more of encouraging, promoting, developing or participating in such activities, projects and programs as the Minister considers appropriate,

(i) to provide for the availability of energy, including renewable energy, in Ontario,

(ii) to stimulate the search for and development of sources of energy, including those that utilize waste and those that are renewable, as alternatives to the sources of energy available for use in Ontario,

(iii) to stimulate energy conservation, through the establishment of programs and policies within the Ministry or such agencies as may be prescribed, load management and the use of renewable energy sources throughout Ontario, and

(iv) to encourage prudence in the use of energy in Ontario.  2011, c. 9, Sched. 25, s. 7 (1); 2014, c. 7, Sched. 20, s. 1.

Administration of Acts

(2) The Minister is responsible for the administration of this Act and any Acts that are assigned to the Minister by the Legislature or by the Lieutenant Governor in Council.  2011, c. 9, Sched. 25, s. 7 (2).

Authority of Minister

(3) The Minister or, subject to the direction and control of the Minister, the Deputy Minister may, in respect of any matter for which the Minister has responsibility under this or any other Act,

(a) undertake research;

(b) establish policies;

(c) do any one or more of promoting, commissioning or participating in research, experiments, feasibility studies, pilot or demonstration projects, testing activities and evaluations;

(d) develop and co-ordinate plans and programs;

(e) promote and engage in the dissemination of information;

(f) enter into agreements for and in the name of the Crown;

(g) make grants; and

(h) make loans, subject to the approval of the Lieutenant Governor in Council.  2011, c. 9, Sched. 25, s. 7 (3).

Section Amendments with date in force (d/m/y)

2014, c. 7, Sched. 20, s. 1 - 01/01/2015

Money required by Ministry

8 The expenditures of the Ministry shall be paid out of money appropriated therefor by the Legislature.  2011, c. 9, Sched. 25, s. 8.

Seal

9 (1) The Lieutenant Governor in Council may authorize a seal for the Ministry.  2011, c. 9, Sched. 25, s. 9 (1).

Same

(2) The seal may be reproduced by engraving, lithographing, printing or other method of mechanical reproduction.  2011, c. 9, Sched. 25, s. 9 (2).

Same

(3) When reproduced in accordance with subsection (2), the seal has the same effect as if it is manually affixed.  2011, c. 9, Sched. 25, s. 9 (3).

Accounting statement related to financial assistance

10 The Minister may require a person or an organization that has received financial assistance under this Act to submit to the Minister a statement prepared by an individual licensed under the Public Accounting Act, 2004 that sets out the details of the disposition of the financial assistance by the person or organization.  2011, c. 9, Sched. 25, s. 10.

Delegation

11 (1) Where, under this or any other Act, responsibility or authority is granted to or vested in the Minister, the Minister may in writing delegate that responsibility or authority to the Deputy Minister or to any public servant who works in the Ministry, subject to the terms and conditions that the Minister sets out in the delegation.  2011, c. 9, Sched. 25, s. 11 (1).

Access to delegations

(2) Where the Minister considers it appropriate to do so, the Minister shall take steps that the Minister considers appropriate to ensure that the delegation is readily available to the public.  2011, c. 9, Sched. 25, s. 11 (2).

General or specific

(3) A delegation made under this section may be general or specific.  2011, c. 9, Sched. 25, s. 11 (3).

Advisory committees

12 (1) The Lieutenant Governor in Council or the Minister may,

(a) establish advisory committees to advise the Minister on the exercise of his or her authority and the performance of his or her duties, functions and responsibilities;

(b) appoint the members of the committees, and designate one member as chair and one or more members as vice-chair; and

(c) determine the terms of reference of the committees.  2011, c. 9, Sched. 25, s. 12 (1).

Remuneration and expenses

(2) The Lieutenant Governor in Council may determine the remuneration and expenses of persons appointed under clause (1) (b).  2011, c. 9, Sched. 25, s. 12 (2).

Regulations

13 The Lieutenant Governor in Council may make regulations prescribing agencies for the purposes of subclause 7 (1) (e) (iii).  2011, c. 9, Sched. 25, s. 13.

14 Omitted (provides for coming into force of provisions of this Act).  2011, c. 9, Sched. 25, s. 14.

15 Omitted (enacts short title of this Act).  2011, c. 9, Sched. 25, s. 15.

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