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S.M. 2006, c. 5
Bill 11, 4th Session, 38th Legislature
The Winter Heating Cost Control Act
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(Assented to June 13, 2006)
WHEREAS Manitoba Hydro's wholly-owned subsidiary, Centra Gas Manitoba Inc., purchases natural gas to supply the needs of consumers in Manitoba;
AND WHEREAS Centra Gas makes no profit on the sale of natural gas commodity to its Manitoba customers but only passes on to them the costs it incurs in purchasing natural gas;
AND WHEREAS price fluctuations occur between the date Centra Gas purchases natural gas and the date it sets the rate to recover its costs from its customers;
AND WHEREAS Centra Gas has the ability to account for those price fluctuations through the use of various deferral and gas balancing accounts;
AND WHEREAS the Province of Manitoba and the Public Utilities Board consider that the hardship that Centra Gas customers experience from escalating natural gas prices can be alleviated somewhat by deferring price increases;
AND WHEREAS the Public Utilities Board has ordered Centra Gas to take steps to enhance space heat retention and heating efficiency for reasons related to consumer cost, the environment and gas system viability;
AND WHEREAS the Public Utilities Board has encouraged Manitoba Hydro to explore the possibility of using its electricity export revenues to fund programs that encourage consumers to reduce their levels and patterns of energy consumption;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The following definitions apply in this Act.
"Centra Gas" means Centra Gas Manitoba Inc. and any successor to it. (« Centra Gas »)
"natural gas rate" means the rate charged by Centra Gas to customers for primary gas purchased from Western Canadian supply and received at the Alberta border, and includes the base rate and all applicable riders, as those terms are used in proceedings before the Public Utilities Board. (« tarif de gaz naturel »)
"outstanding balance", in relation to a winter heating season, means the costs that Centra Gas
(a) incurs for the purchase of primary gas from Western Canadian supply; and
(b) does not recover through its natural gas rates when a rate freeze is in effect under subsection 3(1). (« solde à recouvrer »)
"winter heating season" means the period beginning on November 1 of one year and ending on April 30 of the next. (« période de chauffe en hiver ») PURPOSES
2 The purposes of this Act are
(a) to protect consumers from the impact of rising heating costs during the winter season; and
(b) to provide support for programs and services
(i) for electricity and natural gas energy efficiency, enhanced space heat retention and heating efficiency, and
(ii) for developing alternatives to natural gas,
in order to ensure that sufficient and sustainable energy resources are available in the future.
WINTER GAS RATE FREEZE
3(1) For the 2006-07 winter heating season, the Lieutenant Governor in Council may, by regulation, prescribe a maximum percentage by which the natural gas rates charged by Centra Gas to customers in Manitoba may be increased during that season beyond the natural gas rates in effect immediately before the beginning of the season.
3(2) A regulation may provide a different maximum percentage increase for different categories of customers.
3(3) Centra Gas must not apply to the Public Utilities Board for an order to increase the natural gas rates for the 2006-07 winter heating season by more than the maximum percentage, if any, prescribed for that season.
4 The Public Utilities Board must not make an order described in subsection 3(3).
5(1) When a rate freeze has been in effect for a winter heating season under subsection 3(1), Centra Gas
(a) must account for the outstanding balance for that season by using various deferral and gas balancing accounts; and
(b) subject to subsection (2), must apply to the Public Utilities Board for an order to adjust the natural gas rates charged to customers in the period following the winter heating season, in order that Centra Gas may recover the outstanding balance.
5(2) The Lieutenant Governor in Council may, by regulation, prescribe a period of time over which Centra Gas must recover the outstanding balance from its customers.
AFFORDABLE ENERGY FUND
6(1) Manitoba Hydro must establish an affordable energy fund sufficient to carry out the purpose described in subsection (2).
6(2) The purpose of the fund is to provide support for programs and services that
(a) encourage energy efficiency and conservation;
(b) encourage the use of alternative energy sources, including earth energy;
(c) facilitate research and development of alternative energy sources and innovative energy technologies.
6(3) The programs and services for energy efficiency and conservation referred to in clause (2)(a) must be designed and delivered to ensure
(a) that people living in rural or northern Manitoba, those with low incomes and seniors have access to those programs and services; and
(b) that Manitoba Hydro's residential customers have access to comparable programs and services, regardless of the energy source they use to heat their homes.
6(4) After consulting with the minister responsible for Manitoba Hydro, Manitoba Hydro must pay into the fund a percentage of the gross revenue generated by the sale of electricity to customers outside Manitoba in the 2006-07 fiscal year.
6(5) Manitoba Hydro may make payments from the fund to support programs and services described in subsection (2).
7 If there is a conflict between this Act and another Act, this Act prevails.
8 This Act may be referred to as chapter W165 of the Continuing Consolidation of the Statutes of Manitoba.
9 This Act comes into force on a day to be fixed by proclamation.