Enbridge supports the…

Enbridge supports the proposed OEBA amendments and associated LTC exemption conditions. These changes will notably reduce regulatory burdens, streamline processes, and lower costs for pipeline relocation or reconstruction, benefiting Ontario ratepayers at a time affordability is a major concern.
The amendments will accelerate essential infrastructure projects aligned with government initiatives, particularly in transit, road construction, and affordable housing development. They are essential for expediting pipeline relocations related to priority transit and public infrastructure projects, ensuring timely completion despite project complexities.
These changes strike a balanced approach, addressing concerns around project timelines, costs, and regulatory requirements, while upholding Indigenous consultation processes and environmental standards.
While Enbridge is generally supportive, Enbridge recommends streamlining regulatory processes further by limiting the OEB exemption applications for transit or road authority-driven pipeline projects to cases where duty-to-consult is triggered. Additionally, clarity is sought on whether the land acquisition criteria will be within the same regulation. Finally, Enbridge proposes refining funding conditions for pipeline relocation/construction to reflect practical cost-sharing arrangements between transit and road authorities, aligning with municipal franchise agreements or the Public Service Works on Highways Act to facilitate streamlined infrastructure development. These recommendations aim to improve regulatory clarity and efficiency while supporting essential infrastructure projects.
Recommendations
• Reserve the OEB exemption process to cases where duty-to-consult is actually triggered. Where the duty-to-consult is triggered in relation to pipeline relocation or reconstruction, consider a streamlined OEB process with simplified filing requirements, focusing only on the issue of Indigenous consultation.
• Clarify if the relevant criteria for Land Re-purposing will be included in the same regulation (i.e., O. Reg. 328/03) and consider setting out all criteria in the same regulation.
• Consider adjusting the funding condition to reflect the fact that while pipeline works are expected to be 100% funded by the transit authority, a different cost apportionment would apply to share part (but not all) of the costs with road authorities pursuant to either municipal franchise agreements or the cost allocation stipulated by the Public Service Works on Highways Act.
Attached is Enbridge’s more specific feedback on the proposed regulations.