Draft amendments to Ontario Regulation 161/99 (Definitions and Exemptions) under the Ontario Energy Board Act, 1998 to exempt certain electricity transmission projects from Section 92 (Leave to Construct) approval

ERO number
Notice type
Ontario Energy Board Act, 1998
Posted by
Ministry of Energy, Northern Development and Mines
Notice stage
Proposal posted
Comment period
July 13, 2021 - August 27, 2021 (45 days) Open
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we want to hear your thoughts. Submit a comment and tell us what you think. Learn about the consultation process and types of notices on the registry.

This consultation closes at 11:59 p.m. on:
August 27, 2021

Proposal summary

We are proposing draft amendments to Ontario Regulation 161/99 that are intended to exempt electricity transmission projects that are not expected to have a ratepayer impact from the requirement to obtain Section 92 (electricity Leave to Construct) approval from the Ontario Energy Board (OEB).

Why consultation isn't required

Regulatory changes must be consulted on via the Regulatory Registry (RR) of Ontario.

The government has also chosen to consult on the ERO; however, it is not anticipated that the proposal to amend Ontario Regulation 161/99 (Definitions and Exemptions) to exempt certain projects from Section 92 (Leave to Construct) approval will result in environmental impacts.

Environmental impacts of electricity transmission projects are assessed through the processes set out in the Environmental Assessment Act and associated regulations, administered by the Ministry of the Environment, Conservation and Parks (MECP).

Proposal details

We are posting draft amendments to Section 6.2 of O. Reg. 161/99 which will exempt electricity transmission projects that are exclusively paid for by commercial and industrial load and generator customers and therefore are not expected to have an impact on other electricity ratepayers from the requirements of Section 92 of the Ontario Energy Board Act (electricity Leave to Construct (LTC) proceedings).

A more complete description of the intentions and rationale for this proposal can be found in a prior posting, ERO 019-3038. We are posting potential draft amendments for further feedback in response to comments requesting an opportunity to review the draft amendments.

The amendments do not impact other aspects of the approvals process for projects that fall under the exemption, including electricity system impact assessments administered by the Independent Electricity System Operator (IESO) and environmental assessments administered by the Ministry of the Environment, Conservation and Parks (MECP). The OEB LTC approval for electricity transmission is scoped to the review of impacts to electricity prices and quality and reliability of service. Since the projects proposed to be eligible for exemption are funded by the customers seeking to connect, these projects are not expected to have a ratepayer impact. Impacts of these projects on quality and reliability of service will continue to be assessed through a system impact assessment. In other words, the proposed amendments will streamline the approvals process for eligible projects.

Please note that there is a separate proposal from MECP to update environmental assessment requirements for certain electricity transmission line projects (see https://ero.ontario.ca/notice/019-3937).

The draft amendments also remove expired provisions of Regulation 161/99. Clause 6.2 (1) (e) and Subsections 6.2 (2) and (3) as currently written are transition provisions dating back over 20 years and are no longer relevant. Our proposed amendments would take their place in the regulation.

Supporting materials

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Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

Ministry of Energy

77 Grenville Street, 6th Floor
Toronto, ON
M7A 2C1


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