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S.M. 1994, c. 3
The Energy and Consequential Amendments Act
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(Assented to July 5, 1994)
HER MAJESTY, by and with the consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"department" means the department of government over which the minister presides and through which this Act is administered; (« ministère »)
"director" means a person appointed under The Civil Service Act as the director for the purpose of this Act; (« directeur »)
"energy-using product" means an appliance, vehicle or other manufactured product that uses energy or affects the use of energy; (« produit utilisant de l'énergie »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"prescribed" means prescribed by regulation under this Act; (Version anglaise seulement)
"supplier" includes a person or entity that acts in any way to obtain or provide energy supplies for consumers of energy. (« fournisseur »)
2 The objects and purposes of this Act are
(a) to promote and facilitate the orderly development of energy resources in the province;
(b) to ensure a reliable supply of energy to consumers at the least possible cost; and
(c) to promote the conservation and efficient use of energy;
in accordance with the principles of sustainable development.
3 For the purpose of this Act, the principles of sustainable development include the following:
(a) that decisions respecting the development, production, supply, distribution and use of energy be made with due regard for their impact on the environment, including human health, and that environmental programs and initiatives be instituted with due regard for their economic impact;
(b) that government and industry acknowledge their stewardship of the energy resources of the province so that the economy is developed and the environment is preserved for the benefit of the present generation and future generations of Manitobans;
(c) that responsibility for sustaining a sound and healthy environment alongside development and use of energy resources is shared by all Manitobans;
(d) that any adverse impact on the environment or the economy of policies, programs and decisions respecting energy be prevented or minimized;
(e) that conservation policies and practices be applied to enable the development and use of energy resources in the province in a manner that is wise and efficient in both environmental and economic terms;
(f) that the reduction, reuse, recycling and recovery of the products and waste energy of our society be encouraged;
(g) that policies, programs and decisions respecting energy be made with due regard for the need to protect and enhance the ecosystems of the province;
(h) that policies, programs and decisions respecting energy take into account the need to rehabilitate any part of the environment that is damaged or degraded as a result of the development, production, supply, distribution or use of energy;
(i) that scientific research and technological innovations respecting the development and use of energy resources be encouraged with a view to improving the environment and to preventing or reducing adverse impact on the environment;
(j) that the ecological interdependence among the provinces and territories of Canada and of the nations of the world is recognized by integration of considerations respecting the environment and the economy in the decisions of governments and industry.
4 To fulfill the objects and purposes of this Act, the functions of the department include the following:
(a) to develop policies, plans and strategies respecting energy matters;
(b) to monitor and assess international, national and regional energy matters relevant to the province;
(c) to provide information and advice respecting energy matters;
(d) to review energy matters on a continuous basis and prepare or assess forecasts respecting the short term and long term energy requirements of the province;
(e) to prepare or review plans for the development, conservation and efficient use of energy;
(f) to conduct research or review research and developments respecting energy-related technologies and alternative sources of energy in order to facilitate sustainable development;
(g) to promote and facilitate the planning and activities of producers, suppliers and consumers of energy consistent with provincial energy policies, plans and strategies;
(h) to promote public awareness programs respecting energy and related environmental matters and the inclusion of information respecting such matters in educational curricula;
(i) to promote and facilitate the conservation and efficient use of energy and to discourage uses that are wasteful or damaging to the environment;
(j) to prepare and maintain or monitor and coordinate contingency plans for implementation in the event of an emergency respecting the supply of energy in the province;
(k) to advise and assist the government in its dealings with other governments and organizations respecting energy matters;
(l) to undertake or participate in feasibility studies, pilot projects, demonstration projects, research and evaluations to enhance the contribution of energy and the services for which energy is used to sustainable development in the province.
5(1) The director shall
(a) facilitate the administration of this Act;
(b) perform such functions as are required of the director under the regulations;
(c) upon the direction of the minister, intervene in proceedings within or outside the province before any regulatory board or agency; and
(d) do all things necessary to give best effect to the objects and purposes of this Act.
5(2) The director may request the producers and suppliers of energy and of energy-using products to provide any information that would assist the director to carry out the duties of the director and the functions of the department and, where the information is not reasonably available, the director may request the producers and suppliers to undertake any activity required to produce the information.
5(3) The information that the director may request under subsection (2) includes the following:
(a) any plan for a major capital investment related to the supply of energy;
(b) information and statistics respecting the distribution, use and price of energy in the province, including an analysis of the statistics;
(c) information respecting load forecasts, peak loads, reserve margins, system capacity, future sources of supply of energy, and any research, plan or program respecting the demand for energy, or the conservation and efficient use or supply of energy;
(d) any research, development or demonstration of alternative energy-related technologies;
(e) statistics respecting the types of energy-using products sold in the province and their energy rating.
6 The department shall prepare a report entitled "Energy in Manitoba" within two years after the coming into force of this Act and at least once every five years after that, which may include the following:
(a) a description of the role and place of energy in the provincial economy, including the development, production, supply, importation, exportation, pricing and cost of energy;
(b) forecasts respecting the short term and long term energy requirements of the province;
(c) a description of any change in the rate of use, and the level of efficiency of use, of energy from previous periods;
(d) a description and consideration of current and emerging issues and trends respecting energy, including any related environmental matters.
7(1) The minister may appoint any person as an inspector for the purpose of this Act.
7(2) The minister shall furnish each inspector with an identification card, and an inspector exercising a power of an inspector under this Act shall produce the identification card on request.
7(3) An inspector may at any reasonable time enter any business premises of any person, or any premises where the inspector has reasonable grounds to believe that prescribed energy-using products are manufactured, stored, offered for sale, sold or leased, and may
(a) inspect and test a prescribed energy-using product to ensure that it complies with this Act and the regulations;
(b) remove a prescribed energy-using product to another place, after giving a receipt for it, for the purpose of testing to ensure that the product complies with this Act and the regulations, and the inspector shall promptly return the product upon completion of testing to the premises from which it was removed;
(c) request information or the production for inspection of documents or things that are or could be relevant to an inspection or test of a prescribed energy-using product; and
(d) remove documents or things produced under clause (c), after giving a receipt for them, for the purpose of making copies of the documents, or testing or taking photographs of the things, and the inspector shall promptly return them to the person who produced them.
7(4) No person shall obstruct or hinder, or attempt to obstruct or hinder, an inspector who is exercising a power under subsection (3).
7(5) If information is required to be furnished or a document or thing is required to be provided or produced to an inspector under this Act or the regulations, no person furnishing the information or providing or producing the document or thing shall furnish false information or provide or produce a false document or thing.
7(6) A copy of, or extract from a document or thing removed from premises under this Act and certified by the person who made the copy as being a true copy of, or an extract from, the original is admissible in evidence to the same extent as, and has the same evidentiary value as, the document or thing of which it is a copy or extract.
8(1) Subject to The Freedom of Information Act, where proprietary information is provided to an employee of the department under this Act, no employee of the department shall, without the consent in writing of the person from whom the information is obtained,
(a) communicate or allow the information to be communicated to any person; or
(b) allow any person to have access to the information;
except for the purpose of administering and enforcing this Act.
8(2) Notwithstanding subsection (1), the director may authorize an employee of the department to release proprietary information referred to in subsection (1) as part of data in aggregate form if that use of the information does not affect the proprietary rights of the person who provided it.
9(1) The minister may appoint one or more advisory committees to provide advice and recommendations to the minister respecting any matter relating to the objects and purposes of this Act.
9(2) The minister may direct an advisory committee to carry out public consultation before providing advice and recommendations.
9(3) The minister may determine the terms of reference and the procedures of an advisory committee.
10(1) Every person who contravenes a provision of this Act or the regulations is guilty of an offence and is liable, on summary conviction,
(a) if an individual, to a fine of not more than $10,000; and
(b) if a corporation, to a fine of not more than $25,000.
10(2) Where a corporation commits an offence under subsection (1), an officer, director or agent of the corporation who directs, authorizes, assents to, acquiesces in or participates in the commission of the offence is guilty of the offence and is liable on summary conviction to the penalty provided for the offence, whether or not the corporation is prosecuted or convicted.
10(3) Nothing in subsection (2) affects the liability of a corporation that is convicted of an offence under subsection (1).
10(4) In construing and enforcing this Act, an act, omission, neglect or failure of an officer, director, employee or agent of a corporation acting within the scope of responsibility or employment of the officer, director, employee or agent is an act, omission, neglect or failure of the corporation.
11(1) The Lieutenant Governor in Council may make regulations
(a) defining a word or phrase that is used and not defined in this Act;
(b) prescribing codes or standards to apply in the province or a part of the province respecting the efficient use of energy in the design, construction, alteration, operation and maintenance of buildings;
(c) prescribing codes or standards to apply in the province or a part of the province respecting the efficient use of energy, including the design and testing of prescribed energy-using products, and the labelling of prescribed energy-using products that conform to the codes or standards;
(d) prescribing energy-using products to which this Act applies;
(e) designating or licensing persons or organizations to test the energy efficiency of prescribed energy-using products;
(f) regulating or prohibiting the sale or lease of a prescribed energy-using product that does not conform to a prescribed code or standard;
(g) requiring and respecting records, documents and information to be kept for the purpose of this Act by producers and suppliers of energy and by persons who manufacture, store, offer for sale, sell or lease energy-using products;
(h) prescribing fees payable for services under this Act or the regulations;
(i) respecting forms and providing for their use;
(j) exempting any person or class of persons, and any building or prescribed energy-using product from compliance with this Act and the regulations or with any provision of this Act or the regulations; and
(k) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the objects and purposes of this Act.
11(2) The Lieutenant Governor in Council may adopt by reference the whole or a part of a code or standard relating to the efficient use of energy for use in the province or a part of the province, with such modifications as the Lieutenant Governor in Council considers necessary or advisable.
11(3) Except in circumstances considered by the minister to be of an emergency nature, where a proposed regulation or a proposed amendment to a regulation prescribes or adopts by reference a code or standard respecting the efficient use of energy, the minister shall provide opportunities for public consultation in order to obtain advice and recommendations respecting the proposed regulation or amendment from persons affected by the proposed regulation or amendment, including persons who are in the business of selling or leasing an energy-using product to which the proposed regulation or amendment applies.
12 Section 17 of The Manitoba Hydro Act is repealed.
13 The Manitoba Energy Authority Act, R.S.M. 1987, c. E112, is repealed.
14 The Manitoba Energy Council Act, R.S.M. 1987, c. E113, is repealed.
15 This Act may be cited as The Energy Act and referred to as chapter E112 of the Continuing Consolidation of the Statutes of Manitoba.
16 This Act comes into force on the day it receives royal assent.