Ontario Hydro v. Canada
T-387-93
Simpson J.
27/5/96
12 pp.
Action to determine whether Ontario Hydro liable to pay portion of cost of relocating National Energy Board from Ottawa to Calgary-In December 1990, Board made Regulations providing Board may determine and recover from exporters of electricity, including Ontario Hydro, certain costs attributable to performance of statutory duties-By Regulations, s. 9, Minister may exclude certain costs from operation of Regulations-As of November 1991, Board required to have head office in Calgary-Board rendered Hydro invoices in respect of cost recovery charges including relocation costs-Hydro arguing "program costs" within meaning of ss. 6, 7 of Regulations annually recurring costs related to Board's activities and not including relocation costs-Board arguing "program costs" those which Parliament chooses to include in Board's expenditure plan as published in Estimates whether or not they relate to Board's activities and include relocation costs unless excluded by Minister under Regulations, s. 9-Action dismissed-Board's program sum of activities and recurring activity costs are "program costs"-In context of Regulations, "program costs" capable of meaning something other than annual recurring costs associated with Board's activities-Because Regulations appear to expressly contemplate costs outside Board's normal activities will be "program costs" no reason why relocation costs cannot be "program costs"-National Energy Board Cost Recovery Regulations, SOR/91-7, ss. 6, 7, 9 (as am. by SOR/95-540, s. 1).