2nd Session, 41st Legislature
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THE EFFICIENCY MANITOBA ACT
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(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PURPOSE AND DEFINITIONS
1 The purpose of this Act is to
(a) establish Efficiency Manitoba as a corporation with the mandate set out in section 4;
(b) establish savings targets Efficiency Manitoba is to meet in respect of the consumption of electrical energy and natural gas in Manitoba; and
(c) establish a funding and regulatory oversight framework for Efficiency Manitoba.
2 The following definitions apply in this Act.
"board" means the board of directors of Efficiency Manitoba. (« conseil »)
"commencement date" means the date Efficiency Manitoba is to begin implementing its first efficiency plan, as prescribed in the regulations. (« date de mise en œuvre »)
"consumption" means, on a weather-adjusted basis,
(a) for electrical energy, electrical energy that is metered and sold to a customer in Manitoba; and
(b) for natural gas, natural gas that
(i) is metered and sold to a customer in Manitoba, and
(ii) is not used as a feedstock or ingredient in the manufacture of a product. (« consommation »)
"demand for electrical power" means the requirement for electrical power at a specific time by a user of electrical power in Manitoba. (« demande en puissance électrique »)
"demand-side management initiative" means a measure or action taken, or a program, service or rate designed to reduce the consumption of electrical energy or natural gas, including a resulting reduction in the demand for electrical power, in Manitoba, but does not include
(a) a measure, action, program, service or rate that encourages or results in a switch from the use of one kind of fuel source to another if the switch increases greenhouse gas emissions in Manitoba; or
(b) a prescribed measure, action, program, service or rate. (« initiative d'effacement de consommation »)
"Efficiency Manitoba" means Efficiency Manitoba Inc. established by section 3. (« Société »)
"efficiency plan" means a plan required under section 9. (« plan d'efficacité énergétique »)
"fiscal year" means the period beginning on April 1 of one year and ending on March 31 of the following year. (« exercice »)
"government agency" means a government agency as defined in The Financial Administration Act. (« organisme gouvernemental »)
"Manitoba Hydro" includes Manitoba Hydro's subsidiary Centra Gas Manitoba Inc. and any successor company to Centra Gas Manitoba Inc. (« Hydro-Manitoba »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"net savings" means, in respect of a change in the consumption of electrical energy or natural gas in Manitoba, the savings that occur after taking into account any other adjustments in consumption that are attributable to, or influenced by, the change. (« économies nettes »)
"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act. (« renseignements personnels »)
"PUB" means The Public Utilities Board continued under The Public Utilities Board Act. (« Régie »)
"regulation" means a regulation made under this Act. (« règlement »)
"savings target" means a savings target
(a) established under section 7; or
(b) prescribed by the regulations. (« objectif d'économies »)
"weather-adjusted" means adjusted to remove the effect of deviations from average weather patterns. (« rajustement pour les aléas climatiques »)
MANDATE AND POWERS
3(1) Efficiency Manitoba Inc. is hereby established as a corporation without share capital, consisting of the directors appointed under this Act.
3(2) Except as otherwise provided in the regulations, The Corporations Act does not apply to Efficiency Manitoba.
3(3) Efficiency Manitoba is an agent of the Crown.
4(1) The mandate of Efficiency Manitoba is to
(a) implement and support demand-side management initiatives to meet the savings targets and achieve any resulting reductions in greenhouse gas emissions in Manitoba;
(b) achieve additional reductions in the consumption of electrical energy or natural gas — including resulting reductions in the demand for electrical power — if the reductions can be achieved in a cost-effective manner;
(c) mitigate the impact of rate increases and delay the point at which capital investments in major new generation and transmission projects will be required by Manitoba Hydro to serve the needs of Manitobans;
(d) if any of the following are prescribed as being subject to demand-side management under this Act, carry out the prescribed duties in respect of them:
(i) demand for electrical power in Manitoba,
(ii) potable water consumed in Manitoba,
(iii) fossil fuels consumed in the transportation sector in Manitoba; and
(e) promote and encourage the involvement of the private sector and other non-governmental entities in the delivery of its demand-side management initiatives.
4(2) In carrying out its mandate, Efficiency Manitoba may
(a) undertake educational initiatives and encourage innovations in areas related to its mandate; and
(b) provide advice to government, Manitoba Hydro and others on matters related to
(i) the appropriateness of the savings targets and the ways of integrating net savings attributable to demand-side management initiatives, both current and forecasted, into the electricity planning process, and
(ii) the benefits and options related to achieving reductions that are in addition to the savings targets.
4(3) In fulfilling its mandate, Efficiency Manitoba may
(a) specifically target, where appropriate, particular locations or areas of Manitoba or particular fuel choices;
(b) encourage the use of particular types of renewable energy sources; and
(c) aim to provide initiatives that are accessible to all Manitobans.
5 The government, government agencies and other public bodies are eligible to participate in the demand-side management initiatives implemented or supported by Efficiency Manitoba, in accordance with the terms and conditions Efficiency Manitoba establishes for participating in those initiatives.
6(1) Subject to this Act, for the purpose of carrying out its mandate, Efficiency Manitoba has the capacity and powers of a natural person and any additional powers prescribed by regulation.
6(2) Subject to any restrictions specified in the regulations, Efficiency Manitoba may
(a) acquire and hold any interest in real or personal property, and sell, mortgage, lease or otherwise deal with or dispose of any interest in real or personal property;
(b) receive, expend, loan and invest money;
(c) borrow money and give security for the repayment of money borrowed; and
(d) exercise any other powers that are necessary to carry out its mandate.
6(3) In addition to the other activities authorized under this Act, Efficiency Manitoba may
(a) administer or undertake demand-side management initiatives on behalf of the government, other levels of government, government agencies and other persons and organizations, subject to any terms and conditions that may be prescribed;
(b) undertake prescribed activities related to efficiency, conservation or the reduction of greenhouse gas emissions in Manitoba; and
(c) if authorized by the regulations, provide services outside Manitoba.
SAVINGS TARGETS AND EFFICIENCY PLANS
7(1) Subject to the regulations, the annual savings targets that Efficiency Manitoba is responsible for meeting in the 15-year period following the commencement date are as follows:
In the initial year following the commencement date, net savings that are at least equal to 1.5% of the consumption of electrical energy in the preceding year.
In each of the following years, incremental net savings that are at least equal to 1.5% of the consumption of electrical energy in the immediately preceding year.
In the initial year following the commencement date, net savings that are at least equal to 0.75% of the consumption of natural gas in the preceding year.
In each of the following years, incremental net savings that are at least equal to 0.75% of the consumption of natural gas in the immediately preceding year.
7(2) Shortfalls or surpluses in annual net savings carry forward during the 15-year period under subsection (1) such that at the end of the period Efficiency Manitoba must demonstrate that the cumulative total of the annual percentage savings in the consumption of
(a) electrical energy is 22.5%; and
(b) natural gas is 11.25%.
7(3) Net savings for the consumption of electrical energy or natural gas are to be determined in accordance with the regulations.
8 For each 15-year period after the initial 15-year period referred to in subsection 7(1), the Lieutenant Governor in Council must, by regulation, establish annual and cumulative savings targets in respect of the consumption of electrical energy and natural gas.
9 For the three-year period following the commencement date, and for each three-year period after that, Efficiency Manitoba must prepare an efficiency plan that includes the following information:
(a) a description of the demand-side management initiatives it proposes to meet the savings targets that apply to the period;
(b) a description of the educational initiatives it proposes to undertake and the support it proposes to provide for encouraging innovations in areas related to its mandate;
(c) a description of any initiatives proposed in addition to those proposed to meet the savings targets;
(d) if the cumulative net savings secured to date have fallen short of the sum of the applicable annual savings targets, a description of the initiatives planned to address the shortfall;
(e) an analysis of the reductions in greenhouse gas emissions in Manitoba expected to result from the initiatives proposed under clauses (a) to (d);
(f) an analysis of the amount and cost-effectiveness of the net savings to be achieved by
(i) each of the initiatives proposed under clauses (a) to (d), and
(ii) the plan as a whole;
(g) an assessment of the benefits to be attained if the initiatives proposed under clauses (a) to (d) are implemented during the three-year period, including the benefits to be experienced by
(i) those who participate in any of the proposed initiatives,
(ii) Manitoba Hydro, and
(iii) Manitobans generally, including any environmental benefits, economic development opportunities and enhancements to energy security;
(h) a description of the input that Efficiency Manitoba received from stakeholders — including the stakeholder committee established under section 27 — and the public in preparing the plan, and the process established for receiving the input;
(i) a description of how the initiatives proposed under clauses (a) to (d) will assist Efficiency Manitoba in positioning itself to secure the net savings that are reasonably anticipated to be required over the next 15 years;
(j) a description of how the plan addresses the prescribed factors the PUB must consider under subsection 11(4);
(k) for any ongoing or proposed energy efficiency or energy conservation loan or financing program, including a program that is delivered in conjunction with Manitoba Hydro, a description of
(i) the interest rate charged or to be charged under the program, or the manner in which the interest rate is or will be determined,
(ii) the eligibility and assessment criteria to be used to determine participation in the program, and
(iii) the amounts reasonably anticipated to be loaned or financed by Manitoba Hydro under the program, including any amount to be financed by Manitoba Hydro;
(l) a budget that sets out, for the three-year period,
(i) the projected costs of designing and implementing each of the initiatives proposed under clauses (a) to (d), and when those costs are anticipated to be incurred,
(ii) the projected administrative and overhead costs — including evaluation costs — to be incurred in delivering the initiatives proposed under clauses (a) to (d) and in carrying out its related activities under subsection 4(2),
(iii) the amount reasonably required as a contingency fund to enable Efficiency Manitoba to take advantage of emerging opportunities that are not otherwise addressed in the plan,
(iv) the proposed sources of any required funds and the amount from each source, and
(v) a schedule of when the funds will be required over the course of the three-year period;
(m) a description of the manner in which the outcomes achieved under the plan are to be assessed, including the proposed performance measures to be used.
10 Subject to the regulations, Efficiency Manitoba must submit each of its efficiency plans to the PUB at the time and in the manner specified by the PUB.
11(1) The PUB must review an efficiency plan and make a report, with recommendations, to the minister as to whether the plan should be
(b) approved with suggested amendments; or
11(2) Manitoba Hydro is entitled to be heard or make submissions, through counsel or otherwise, on the review of an efficiency plan.
11(3) The PUB must make its report and recommendations to the minister within the time specified by the minister.
11(4) In reviewing an efficiency plan and making recommendations to the minister, the PUB must consider
(a) the net savings required to meet the savings targets and the plans to address any existing shortfall;
(b) the benefits and cost-effectiveness of the initiatives proposed in the plan;
(c) whether Efficiency Manitoba is reasonably achieving the aim of providing initiatives that are accessible to all Manitobans; and
(d) any additional factors prescribed by the regulations.
11(5) The PUB may recommend to the minister
(a) an increase in a savings target if it is reasonably satisfied that it is in the public interest for Efficiency Manitoba to achieve additional net savings; or
(b) a decrease in a savings target if it is reasonably satisfied that the existing savings target is not in the public interest.
12(1) After receiving an efficiency plan and the PUB's recommendations respecting the plan, the minister must
(a) approve the plan as submitted; or
(b) refer the plan back to Efficiency Manitoba for further action, with any directions the minister considers appropriate.
12(2) A plan that is referred back to Efficiency Manitoba under this section must be resubmitted as directed by the minister.
12(3) Efficiency Manitoba must publish on its website or through other public means, any direction it receives under this section.
12(4) Efficiency Manitoba must implement an efficiency plan as approved by the minister.
12(5) For certainty, in implementing an approved efficiency plan, Efficiency Manitoba may adjust the activities to be undertaken during the three-year period of the efficiency plan, provided the adjustments
(a) are reasonably required to maximize the amount or cost-effectiveness of the net savings to be achieved under the approved plan; and
(b) do not result in Efficiency Manitoba's total costs exceeding the total costs specified in the approved efficiency plan.
13(1) Efficiency Manitoba may subcontract the delivery of any portion of an approved efficiency plan, including subcontracting to Manitoba Hydro.
13(2) A subcontract entered into under subsection (1) does not relieve Efficiency Manitoba of any of its responsibilities under an approved efficiency plan or this Act.
ON-METER EFFICIENCY PROGRAMS
14(1) The following definitions apply in this section.
"account for power", in relation to a building, part of a building or a structure related to a building, means the account established by Manitoba Hydro for the customer responsible for paying for the supply of electrical energy, or natural gas, or both, to the building, part of the building or the related structure. (« compte d'énergie »)
"monthly charge" means the monthly charge levied on an account for power under clause (2)(b). (« frais mensuels »)
14(2) Efficiency Manitoba may, as part of the energy efficiency or energy conservation loan or financing programs that are included in an approved efficiency plan, establish and administer on-meter efficiency programs under which
(a) a person who meets the program criteria is eligible to enter into an agreement with Manitoba Hydro under which Manitoba Hydro agrees to pay on the person's behalf some or all of the costs incurred by the person in relation to changes made to improve the efficiency of a building, part of a building or a structure related to a building; and
(b) Manitoba Hydro recovers the costs that are to be repaid to it by or on behalf of the person by levying a monthly charge on the account for power.
14(3) Under clause (2)(a), changes that improve efficiency and conservation in the consumption of water within a building, part of a building, or a structure related to a building are also considered to improve energy efficiency, but only if the changes are made in conjunction with other changes made under the program to improve energy efficiency.
14(4) Subject to the regulations,
(a) Efficiency Manitoba may establish the criteria and terms and conditions of an on-meter efficiency program; and
(b) Manitoba Hydro may establish terms and conditions respecting loan agreements it enters into with a person under such a program.
14(5) Under an on-meter efficiency program, Manitoba Hydro may continue to levy the monthly charge for the term set out in the agreement on any new account for power that replaces an existing account for power for that building, part of the building, or structure related to the building.
14(6) The person responsible for paying an account for power for any period must pay each monthly charge levied for that period on the account for power, even if that person is not a party to the agreement under which the monthly charge was first levied.
14(7) Manitoba Hydro may collect a monthly charge in the same manner, and with the same priority, as it collects charges for power supplied by it under The Manitoba Hydro Act, and for that purpose, the provisions of The Manitoba Hydro Act that apply to the collection of accounts apply with necessary changes to the collection of a monthly charge.
14(8) For the purposes of this and any other Act, a monthly charge
(a) is not a price charged by Manitoba Hydro with respect to the provision of power; and
(b) is not a rate, toll or charge subject to approval by the PUB under The Public Utilities Board Act.
15 After entering into an agreement referred to in clause 14(2)(a) in respect of a building, part of a building or a structure related to a building, Manitoba Hydro must, if there is a title, register a notice of the agreement against the applicable title in the appropriate land titles office. The notice must be in the form approved by the Registrar-General.
ASSESSMENT OF RESULTS
16(1) Efficiency Manitoba must appoint an independent assessor to assess the following and prepare a report on the assessment:
(a) the results obtained by Efficiency Manitoba under an approved efficiency plan;
(b) the cost-effectiveness of obtaining those results;
(c) any other matter prescribed by regulation.
16(2) Efficiency Manitoba and Manitoba Hydro must provide the assessor with the information, records and other assistance that the assessor requires to complete an assessment under this section.
16(3) Efficiency Manitoba must, within the prescribed time,
(a) submit the assessment report to the PUB; and
(b) publish the report on its website, or through other public means.
16(4) The costs of an assessment are to be paid by Efficiency Manitoba.
16(5) If the PUB finds that an assessment report discloses any significant discrepancy from the initiatives, budget or projected net savings set out in an approved efficiency plan, the PUB may
(a) review the findings with Efficiency Manitoba; and
(b) make any recommendations to the minister it considers appropriate.
16(6) If the minister receives a recommendation from the PUB under this section and is satisfied that any significant discrepancies set out in the assessment report are within the control of Efficiency Manitoba,
(a) the minister may issue directives to Efficiency Manitoba respecting its management or operations, including the time frame to implement the directives; and
(b) Efficiency Manitoba must comply with the directives within the time frame set out in them.
16(7) For certainty, a directive issued by the minister may amend an approved efficiency plan and must be published by the minister on a website available to the public or through other public means.
17(1) Part I of The Public Utilities Board Act applies, with necessary changes, as if the review of an efficiency plan or assessment report were the hearing of an application under that Act, except as otherwise specified by regulation under subsection (2).
17(2) The minister may make any regulations the minister considers necessary or advisable respecting the carrying out of the PUB's responsibilities under this Act.
ROLE OF MANITOBA HYDRO
18(1) For the purposes of The Manitoba Hydro Act, supporting the activities of Efficiency Manitoba as authorized under this Act is deemed to be within the purposes and objects of Manitoba Hydro.
18(2) In recognition of the benefits received from Efficiency Manitoba, Manitoba Hydro must provide Efficiency Manitoba with all amounts necessary for it to implement an approved efficiency plan and to carry out its responsibilities under this Act, less any funds Efficiency Manitoba has available from other sources.
18(3) For certainty, Manitoba Hydro is not responsible for costs related to Efficiency Manitoba's activities that are not undertaken in respect of an approved efficiency plan.
18(4) Subsection 43(3) of The Manitoba Hydro Act does not apply to or in respect of amounts which, under this Act, Manitoba Hydro is to provide to Efficiency Manitoba or make available in the affordable energy fund continued under section 37.
18(5) The provisions of this Act prevail to the extent of any inconsistency or conflict with The Manitoba Hydro Act.
19(1) Manitoba Hydro must ensure that it meets any requirements prescribed by regulation respecting any energy efficiency or energy conservation loan or financing program that, as part of an approved efficiency plan, is to be delivered in conjunction with Efficiency Manitoba.
19(2) At the request of Efficiency Manitoba, Manitoba Hydro must provide all of the billing and collection services for Efficiency Manitoba that Efficiency Manitoba reasonably requires for the purpose of implementing or administering a demand-side management initiative under an approved efficiency plan.
19(3) When Manitoba Hydro is given responsibility for billing and collecting amounts for Efficiency Manitoba under subsection (2), Manitoba Hydro may collect the amounts billed in the same manner, and with the same priority, as it collects charges for power supplied by it under The Manitoba Hydro Act, and for that purpose, the provisions of The Manitoba Hydro Act that apply to the collection of accounts apply with necessary changes to the collection of amounts billed in accordance with this section.
19(4) As part of Efficiency Manitoba's educational initiatives, Manitoba Hydro must include with the billing or account information it sends to its customers any demand-side management related information or material that Efficiency Manitoba directs, provided the expenses related to doing so are included in an approved efficiency plan.
20 The board is responsible for managing, or supervising the management of, the business and affairs of Efficiency Manitoba in accordance with its mandate.
21(1) The board is to consist of up to nine directors appointed by the Lieutenant Governor in Council.
21(2) In appointing board members, regard is to be had to the need to ensure that the board as a whole represents a sufficient range of expertise and experience for it to carry out its responsibilities effectively.
21(3) A director is to be appointed for a term of no more than three years, and no director may serve more than ten consecutive years.
21(4) When appointing a director and establishing the director's term of office, the Lieutenant Governor in Council is to have regard for the need to ensure that the terms of office of not more than half of the board members expire in any one year.
21(5) A director continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.
22(1) The chair and the vice-chair of the board are to be designated by the Lieutenant Governor in Council.
22(2) The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair.
23 A director, officer or employee of Manitoba Hydro is not eligible to be appointed to the board, and no more than one employee of the government or a government agency may be appointed.
24(1) Efficiency Manitoba must pay its directors the remuneration and expenses determined by the Lieutenant Governor in Council.
24(2) Efficiency Manitoba must establish and publish rules respecting
(a) expenses incurred by directors that are eligible for reimbursement by Efficiency Manitoba; and
(b) public reporting of remuneration paid to directors and expenses that are reimbursed by Efficiency Manitoba, including
(i) criteria for whose expenses are to be reported, and
(ii) the form, manner and timing of the reporting.
24(3) The minister may issue guidelines respecting the rules to be established under this section, and the manner in which the information is to be published, and Efficiency Manitoba must follow those guidelines.
25 A majority of the directors on the board, or any greater number determined by by-law, constitutes a quorum at any meeting of the directors.
26(1) The board may make by-laws respecting the conduct and management of Efficiency Manitoba's business and affairs, including, without limitation,
(a) by-laws establishing a code of conduct policy for Efficiency Manitoba's directors, officers and employees; and
(b) by-laws providing for the indemnification of Efficiency Manitoba's directors and officers.
26(2) Efficiency Manitoba must establish policies and procedures for procurement and contracts for services that promote transparency, openness, fairness and value for money in purchasing.
27(1) The board must establish a stakeholder committee as an advisory body to Efficiency Manitoba.
27(2) In appointing members to the stakeholder committee, the board must seek to appoint persons with expertise and experience in energy efficiency and an understanding of the functioning of the PUB's role in relation to energy efficiency.
27(3) The role of the stakeholder committee is to
(a) provide advice to Efficiency Manitoba about the development and implementation of efficiency plans;
(b) provide advice to Efficiency Manitoba on the selection of the assessor and terms of reference for the independent assessment required under section 16 and assist the board to review the assessment results; and
(c) perform other advisory responsibilities as determined by the board.
27(4) Efficiency Manitoba is responsible for the administration of the stakeholder committee and for any administrative costs.
FINANCIAL AND BUSINESS MATTERS
28 Efficiency Manitoba must establish financial management and information systems that will enable it to prepare financial statements in accordance with generally accepted accounting principles that reflect the public interest.
29 For each fiscal year, the board must adopt a budget for the year that includes
(a) all revenue that Efficiency Manitoba anticipates receiving for the year and any accumulated surplus from previous years; and
(b) all operating expenses that it anticipates incurring for the year and any accumulated deficit from the previous years.
30 Efficiency Manitoba must not sell, lease or otherwise dispose of any its property other than in the ordinary course of business without the consent of the minister.
31 Efficiency Manitoba's annual financial statements must be audited by the Auditor General or any other auditor appointed by the Lieutenant Governor in Council.
32(1) Within six months after the end of each fiscal year, Efficiency Manitoba must prepare and submit to the minister an annual report on its activities and operations during that fiscal year. The report must include
(a) Efficiency Manitoba's audited financial statements for the fiscal year;
(b) for the plan year that ends in the fiscal year, Efficiency Manitoba's comparison of the net savings attained in the plan year with the projected net savings for that plan year that were set out in the applicable approved efficiency plan, together with an explanation of any significant discrepancy between the two;
(c) if any portion of the continency fund was used in the applicable plan year, as provided for in subclause 9(l)(iii),
(i) a description of the initiatives for which the contingency fund was used,
(ii) an assessment of the net savings and other benefits realized as a result of those initiatives, and
(iii) an analysis of the cost-effectiveness of those initiatives; and
(d) a description of any operational adjustments Efficiency Manitoba made during the fiscal year, as provided for under subsection 12(5).
32(2) In subsection (1), "plan year" means the 12-month period ending on the anniversary of the commencement date.
33 The minister must table a copy of the annual report prepared under section 32 in the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.
34(1) Efficiency Manitoba is authorized to collect information, including personal information, from the following entities if the information is reasonably required for the purpose of designing or delivering Efficiency Manitoba's initiatives under this Act:
(a) Manitoba Hydro;
(b) a government department or another government agency;
(c) a public utility or a municipality that supplies water to its inhabitants, if the utility or municipality is prescribed by regulation.
34(2) Subject to the regulations, the information that may be collected under subsection (1) includes, without limitation,
(a) customer electricity and gas usage;
(b) information respecting on-meter efficiency programs and other loan or financing programs;
(c) information respecting load and load capacity; and
(d) if prescribed by regulation, similar information concerning the supply and consumption of potable water.
34(3) A government department or government agency — including Manitoba Hydro — or prescribed utility or municipality, that receives a request under this section must provide the information requested in the form and within the time specified by Efficiency Manitoba.
34(4) Efficiency Manitoba must keep confidential all personal information obtained under this section, except information that is in the public domain or that is required by law to be disclosed.
35(1) If information described in section 34 is included in a data base or other collection of information maintained by a government department or government agency — including Manitoba Hydro — or a utility or municipality prescribed by regulation, Efficiency Manitoba and the department, agency or prescribed utility or municipality may enter into an arrangement permitting one or more employees of Efficiency Manitoba designated by the parties to have access to the database or collection to the extent necessary to obtain the information.
35(2) An arrangement for access must include reasonable security safeguards to protect information against risks such as unauthorized access, use, disclosure and destruction.
35(3) If the parties are unable to agree on an arrangement, or a dispute arises between the parties respecting an arrangement, the PUB may, on the application of one of the parties and after hearing from the parties, issue an order granting access, on any terms and conditions that may be specified, or refusing access.
35(4) An order made by the PUB under this section is binding on Efficiency Manitoba and the applicable government department, government agency, prescribed utility or municipality.
36(1) Under section 34 or 35, Efficiency Manitoba must
(a) not request or collect personal information if other information will serve the purpose; and
(b) limit the amount of personal information requested or collected to the minimum amount necessary to accomplish the purpose.
36(2) The minister and Efficiency Manitoba must protect the personal information collected under this Act by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.
CONTINUATION OF THE AFFORDABLE ENERGY FUND
37(1) In this section, "fund" means the Affordable Energy Fund continued under The Energy Savings Act.
37(2) The fund is continued under the administration of Efficiency Manitoba.
37(3) The Lieutenant Governor in Council may make regulations
(a) governing Efficiency Manitoba's administration of the fund, including
(i) requiring Efficiency Manitoba to hold amounts in the fund in a separate account in a financial institution as defined in The Financial Administration Act,
(ii) authorizing Efficiency Manitoba to use amounts available in the fund for the purposes set out in sections 5 and 6 of The Energy Savings Act, as that Act read immediately before the coming into force of this Act,
(iii) establishing the form and manner in which proposed uses are to be incorporated into an efficiency plan, and
(iv) requiring that the actual uses be set out in an approved efficiency plan;
(b) prescribing an amount that Manitoba Hydro must ensure to be in the fund at the beginning of each fiscal year;
(c) no earlier than three years after the coming into force of this section, providing for the winding-up of the fund, including providing for the distribution of any amounts remaining in the fund.
38(1) On recommendation of the minister, the Lieutenant Governor in Council may make regulations amending a savings target established under section 7 or 8.
38(2) In making a recommendation under this section, the minister is to consult with Efficiency Manitoba and is to have regard for the recommendations of the PUB, if any.
39 The Lieutenant Governor in Council may make regulations
(a) prescribing the commencement date;
(b) prescribing measures, actions, programs, or services or rates that are included or excluded from the definition "demand-side management initiative" in section 2;
(c) respecting Efficiency Manitoba administering or undertaking initiatives on behalf of others, including prescribing terms and conditions on Efficiency Manitoba's becoming engaged in these activities, which Efficiency Manitoba must comply with;
(d) prescribing activities Efficiency Manitoba must undertake relating to efficiency, conservation or the reduction of greenhouse gas emissions in Manitoba;
(e) authorizing Efficiency Manitoba to provide services outside of Manitoba, including imposing restrictions on the authorization;
(f) prescribing a formula for or the manner in which net savings are to be determined, including limiting or excluding the net savings from particular measures, actions, programs, services or rates that may be included in the determinations;
(g) governing the submission of an efficiency plan to the PUB;
(h) prescribing factors which the PUB must consider when it reviews an efficiency plan, including the value or weight to be given to
(i) reductions in greenhouse gas emissions in Manitoba, and
(ii) the societal benefits to be achieved by all or a portion of Efficiency Manitoba's initiatives;
(i) prescribing rules for determining if the initiatives included in a proposed three-year plan are adequate, cost-effective or both;
(j) prescribing rules for determining costs that are to be considered administrative or overhead costs for the purpose of Efficiency Manitoba's three-year or annual budget;
(k) respecting matters to be addressed in an assessment conducted under section 16 and the timing for any assessment report to be filed or published under that section;
(l) respecting billing and collection services to be provided to Efficiency Manitoba by Manitoba Hydro;
(m) respecting energy efficiency or energy conservation loan or financing programs that, as part of an approved efficiency plan, are to be delivered by Manitoba Hydro in conjunction with Efficiency Manitoba;
(n) establishing requirements Manitoba Hydro must comply with in respect of energy efficiency or energy conservation loan or financing programs that are, or are to be, implemented by Efficiency Manitoba;
(o) respecting on-meter efficiency programs;
(p) for the purpose of section 6, specifying additional powers for Efficiency Manitoba or restricting the powers of Efficiency Manitoba, and imposing terms and conditions on those additions or restrictions;
(q) specifying types of information that must not be requested under section 34 or that are not subject to section 35;
(r) respecting the extent to which The Corporations Act applies to Efficiency Manitoba;
(s) for the purpose of section 34 or 35, prescribing a public utility or a municipality, and prescribing the types of information, including personal information, that Efficiency Manitoba may collect concerning the supply and consumption of potable water;
(t) defining a word or phrase used but not defined in this Act;
(u) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the administration of this Act.
40(1) The Lieutenant Governor in Council may make regulations requiring any of the following to be subject to demand-side management under this Act:
(a) electrical power in Manitoba;
(b) potable water that is consumed in Manitoba;
(c) fossil fuels that are consumed within the transportation sector in Manitoba.
40(2) The Lieutenant Governor in Council may make regulations prescribing savings targets to be met by Efficiency Manitoba with respect to any of the resources set out in clauses (1)(a) to (c).
40(3) A regulation under this section may
(a) require Efficiency Manitoba to establish three-year plans for meeting savings targets in respect of a resource for which a savings target is established under subsection (2), and include provisions governing
(i) the contents of a plan,
(ii) the timing and manner in which a plan is to be prepared, submitted, reviewed, approved and implemented,
(iii) the manner in which the amount of savings under the plan are to be determined and assessed, and the performance measures to be used in evaluating outcomes, and
(iv) the plan's commencement date;
(b) prescribe rules for determining if the initiatives included in a proposed three-year plan are adequate, cost-effective or both;
(c) in respect of implementing an approved plan, govern subcontracting by Efficiency Manitoba;
(d) establish the manner in which demand for and reductions in the use or consumption of a resource for which a savings target is established under subsection (2) are to be calculated or determined;
(e) prescribe rules for determining whether reductions in demand or consumption are attributable, in whole or in part, to initiatives of Efficiency Manitoba, and if those reductions are to be included in calculating the savings achieved by Efficiency Manitoba;
(f) authorize Efficiency Manitoba to achieve savings beyond the targeted savings, subject to any terms and conditions that are prescribed;
(g) govern the activities Efficiency Manitoba may carry out with respect to a resource for which a savings target is established under subsection (2), including prescribing terms and conditions that apply in respect of those activities, which Efficiency Manitoba must comply with;
(h) prescribe the types of binding directives the minister may make in respect of Efficiency Manitoba's regulated resource activities, and the circumstances in which they may be made;
(i) require Efficiency Manitoba to undertake consultations and establish other preconditions that must be met before any change in the savings targets prescribed under subsection (2) are recommended to the Lieutenant Governor in Council; and
(j) address any other matter the Lieutenant Governor in Council considers necessary or advisable to meet a savings target established under subsection (2).
40(4) For certainty, a regulation under this section may assign responsibilities to the PUB, and section 17 applies in respect of the PUB discharging those responsibilities.
40(5) A regulation under this section may require Efficiency Manitoba to address its responsibilities for securing savings targets in respect of the demand for electrical power in Manitoba within its efficiency plans, in which case,
(a) the initiatives related to the demand for electrical power that are proposed, approved and undertaken are deemed to be demand-side management initiatives and form part of an efficiency plan for the purpose of this Act, including, for certainty, funding of the plan under subsection 18(2); and
(b) the regulation may change or make an addition or substitution to a provision of this Act, as required for the purpose of having initiatives related to the demand for electrical power included in an efficiency plan, and the provision of the regulation prevails to the extent it is inconsistent with this Act.
TRANSITIONAL PROVISIONS AND
41 Manitoba Hydro is solely responsible for all of Efficiency Manitoba's start-up and operational costs from the date of incorporation of Efficiency Manitoba to the commencement date of the first approved efficiency plan.
42(1) On the coming into force of this section, the minister may appoint a person to serve as the interim chief executive officer of Efficiency Manitoba.
42(2) The interim chief executive officer is to hold office until his or her appointment is confirmed or revoked by the directors appointed under section 21.
43 The Lieutenant Governor in Council may make regulations respecting any matter or thing the Lieutenant Governor in Council considers necessary or advisable to effect the transition of matters within the mandate of Efficiency Manitoba from Manitoba Hydro to Efficiency Manitoba.
44 Despite the repeal of The Energy Savings Act, sections 1 and 9 to 14 of that Act, as it read immediately before the coming into force of this section, continue to apply in respect of any agreement Manitoba Hydro entered into under the on-meter efficiency improvements program before the coming into force of this Act.
45 The Crown Corporations Public Review and Accountability Act is amended by adding the following after subsection 26(5):
26(6) In conducting a review under this Part of rates for services of Manitoba Hydro, The Public Utilities Board must take into consideration, in addition to the factors described in subsection (4), the costs to be incurred by Manitoba Hydro in respect of Efficiency Manitoba, as required under The Efficiency Manitoba Act.
46 Clause 52(d) of The Manitoba Hydro Act is amended by adding "or The Efficiency Manitoba Act" after "The Energy Savings Act".
47 Clause 45(5)(h.1) of The Real Property Act is amended by adding "or section 15 of The Efficiency Manitoba Act" at the end.
48 Subsection 1(1) of The Residential Tenancies Act is amended
(a) in the definitions "account for power" and "monthly charge", by adding "or subsection 14(1) of The Efficiency Manitoba Act" at the end; and
(b) in the definition "on-meter efficiency improvements program", by adding "and includes an on-meter efficiency program established by Efficiency Manitoba under The Efficiency Manitoba Act" at the end.
REPEAL, C.C.S.M. REFERENCE
AND COMING INTO FORCE
49 The Energy Savings Act, S.M. 2012, c. 26, is repealed.
50 This Act may be referred to as chapter E15 of the Continuing Consolidation of the Statutes of Manitoba.
51(1) Subject to subsection (2), this Act comes into force on a day to be fixed by proclamation.
51(2) Section 42 comes into force on the day this Act receives royal assent.