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The Public Utilities Board Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 11

THE PUBLIC UTILITIES BOARD AMENDMENT ACT


 

(Assented to June 28, 1997)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P280 amended

1         The Public Utilities Board Act is amended by this Act.

2         Section 21 is amended by striking out "shall be paid" and substituting "may be paid".

3         Subsection 52(4) is amended by striking out "bailiffs,".

4         Subsection 56(1) is amended by striking out ", except as herein otherwise provided,".

5         The following is added after section 74:

Board may refrain from exercising power

74.1(1)   The board may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under this Act

(a) in relation to any matter before it; or

(b) in relation to

(i) any public utility,

(ii) any person who is subject to this Act, or

(iii) any product or class of products supplied or service or class of services rendered within the province by a public utility, or by a person referred to in subclause (ii), that is subject to this Act;

where the board finds as a question of fact that the public utility, person, product, class of products, service or class of services is or will be subject to competition sufficient to protect the public interest.

Exception

74.1(2)   The board shall not make a determination to refrain under subsection (1) in relation to a public utility, person, product, class of products, service or class of services, if the board finds as a question of fact that to refrain would be likely to impair unduly the establishment or continuation of a competitive market for that public utility, person, product, class of products, service or class of services.

Imposition of conditions on associated person

74.1(3)   Where the board considers it appropriate in relation to a determination under subsection (1) to refrain from exercising any power or performing any duty in relation to a product or class of products supplied or service or class of services rendered by a public utility or by a person referred to in subclause (1)(b)(ii), it may impose conditions on any person or company associated, in supplying the product or class of products or rendering the service or class of services, with

(a) the public utility;

(b) the owner of the public utility; or

(c) the person.

6         The section heading for section 91 is repealed and "Filing copy of contract with board" is substituted.

7         Section 112 is amended by adding the following definition in alphabetical order:

"direct purchase of gas" means contracting for the purchase of gas from a broker who is not a public utility; (« achat direct de gaz »)

8         The following is added after subsection 116(2):

Duty of public utility

116(3)    Where the Board makes an order under subsection (1), the owner of the public utility shall, if required by the Board, collect the commodity cost of gas or such portion thereof as may be ordered by the Board from the purchaser and remit the same, net of any collection costs determined in a manner approved by the Board, to the broker.

9         Subsection 120(3) is amended by adding ", direct purchaser of gas" after "public utility".

Coming into force

10        This Act comes into force on a day fixed by proclamation.