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The Manitoba Hydro Act

C.C.S.M. c. H190

The Manitoba Hydro Act

1 Definitions
2 Purposes and objects of Act
PART I
THE CORPORATION
3 Continuation of corporation
4 (1) References to "Manitoba Hydro"
(2) Agent of Crown
(3) Holding of property
(4) Proceedings against corporation affecting supply of power prohibited
(5) Where Corporations Act applies
(6) Where Corporations Act does not apply
THE BOARD
5 (1) Establishment of board
(2) Term of office
(3) Appointment of chairman and vice-chairman
(4) Duties and powers of vice-chairman
(5) Vacancies in board
(6) Appointment of pro tempore member
6 Remuneration of chairman and vice-chairman and members
7 Prohibition of certain interests of members
8 Authority for M.L.A. to be member of board
9 Principal offices
10 (1) Board meetings
(2) Meetings on request of members
(3) Quorum
11 (1) Chairman of the board
(2) Evidential value of certain documents
(3) Appointment of general manager
12 (1) Keeping of minutes
(2) Public nature of minutes and records
13 No personal liability
POWERS
14 General powers of board
15 (1) Powers of board
(1.1) Corporation has powers of a natural person
(1.2) Power to carry out purposes and objects of Act
(1.3) Approval of L.G. in C. required where aggregate value exceeds $5,000,000
(2) Powers of corporation
(3) Compensation
(4) Transmission access
(5) and (6) Repealed
15.0.1 (1) Regulations re electricity reliability
(2) Limits
(3) Regulation prevails
15.0.2 Corporation may make standards for reliability
15.0.3 (1) Corporation may make interconnection rules
(2) Interconnection rules may include reliability standards
15.0.4 (1) Inspection power of compliance body
(2) Inspection power of corporation
(3) Identification
(4) Records
(5) Entry with warrant
15.0.5 (1) When corporation may enforce rules, etc.
(2) Enforcement actions
15.1 (1) Definitions
(2) No sale by corporation or subsidiary
(3) No issue of shares by subsidiary
(4) No sale of major facility or business acquired under 1997 amendments
(5) No guarantee by corporation or subsidiary
15.2 Retail supply of power
15.3 (1) No privatization without referendum
(2) Procedures for referendum
(3) Question to be put to voters
(4) Regulations re procedures
(5) Costs of referendum
15.3.1 Capitalization of balance owing to City of Winnipeg
15.4 (1) Amendment or repeal
(2) Requirements re hearings
16 (1) Powers of corporation with approval of L.G. in C.
(2) No approval required if less that $5,000,000
16.1 (1) Subsidiaries
(2) L. G. in C. may limit rights, powers and obligations of subsidiaries
(3) L.G. in C. to approve loans
(4) L.G. in C. approval required
(5) Rights of board re subsidiaries
16.2 Separation of functions
16.3 (1) Adoption of codes and standards
(2) Effect of adoption
17 Repealed
EXPROPRIATION
18 Application of Expropriation Act
CONVEYANCES AND CERTIFICATES OF TITLE
19 Repealed
20 (1) Issue of certificate of title
(2) Certificate of chairman
PART II
PROVISIONS RELATING TO DISTRIBUTION AND SUPPLY OF POWER
21 (1) Limitation on supplying of power
(2) No resumption where supplying of power discontinued
(3) Section not applicable
22 Exclusive authority of corporation
RIGHT TO USE PUBLIC PLACES
23 (1) Power to make use of highways, etc.
(2) Apportionment of costs of removing works
(3) Rights of corporation where highway, etc., closed
(4) Liability for projection of equipment, etc.
POWER OF ENTRY
24 (1) Entry for protection of works
(2) Compensation for damage
(3) Limitations on liability
(4) Offence and penalty
WIRING PERMITS AND INSPECTIONS
25 (1) Powers respecting wiring
(2) Prohibition on reconnection
(3) Final approval of wiring
(3.1) Wiring inspections
(4) Inspection of wiring
(5) Limitation on liability
(6) Limitation on application of subsections (1), (3) and (4)
ASSISTANCE TO CUSTOMERS
26 Assistance by corporation
COLLECTION OF ACCOUNTS
27 (1) Methods of enforcing payments of accounts
(2) When power supplied
(3) Remedies for non-payment
REGULATIONS
28 (1) Regulations as to supply of power
(2) Adoption of codes, etc.
(3) Statutes and Regulations Act applies
(4) Certain regs. not to apply in Winnipeg
PART III
GENERAL REVENUE AND BORROWING
29 Collection of revenues
30 (1) Authority for temporary borrowing
(2) Guarantee
(3) Minister of Finance's approval
31 Temporary advances by government
32 (1) Loans by government
(2) Fixing of rate of interest
33 (1) Power of corporation to borrow and to issue securities
(2) Limitation on borrowing powers
(3) Reissue of pledged securities
(4) Form of securities
(5) Form of securities
(6) Proof that issue of securities is necessary
34 (1) Power of government to guarantee
(2) Signing of guarantees
(3) Discharge of liability under guarantee
(4) Signature of Minister of Finance, etc.
35 Authority to raise loans in other currencies or in units of monetary value
BANKING AND ACCOUNTS
36 Repealed
37 (1) Accounting records
(2) Funds and expenditures
(2.1) Funds and expenditures, subsidiaries
(3) Contents of accounting records
(4) Fiscal year
PURCHASE OF POWER
38 (1) Price of power requisitioned
(2) Review by P. U. Board
SALE OF POWER
39 (1) Price of power sold by corporation
(2) Fixing of price by corporation
(2.1) Equalization of rates
(2.2) Interpretation
(3) to (7) Repealed
(8) Confining hearing
(9) Repealed
(10) Material supplied by corporation
(11) Recommendations by P. U. Board
(12) Action by L.G. in C.
(13) Applications made under subsec. 38(2) or 50(4)
DEPRECIATION AND STABILIZATION RESERVES
40 (1) Establishment of reserves
(2) Use of reserves
SINKING FUND
41 (1) Establishment of sinking fund
(2) Minimum annual amount for sinking fund
(3) Payment to Minister of Finance
(4) Sinking fund trust account
(5) Investment by Minister of Finance
(6) Repayments to the government
(7) Authorization of omission or deferment of commencement of sinking fund payments
(8) Limitation respecting fiscal year that is to be fixed
(9) "Works" defined for purposes of subsection (7)
APPLICATION OF REVENUES
42 (1) Application of revenues of the corporation
(2) Funds to be held in trust
(3) Right of corporation to use of funds and securities
TAXATION, CHARGES AND DISTRIBUTIONS
43 (1) Repealed
(2) Grant in lieu of cost of municipal and school services
(2.1) Grants by subsidiaries
(2.2) Exemption from municipal taxation
(2.3) Limitation
(3) Funds of government and corporation not to be mixed
(4) Application of subsection (3)
(5) Distributions from retained earnings
(6) Timing of distributions
AUDIT
44 (1) Audit
(2) Special audits and reports
ANNUAL REPORT
45 Annual report
46 (1) Tabling of report in the assembly
(2) Report referred to Committee on Crown Corporations
POWER EMERGENCY
47 (1) Power emergency
(2) Modification of restrictions
(3) Cessation of power delivery
(4) Entry by distributor
(5) Breach of contract not committed
(6) Offence and penalties
MISCELLANEOUS
48 and 49 Repealed
49.1 Terms and conditions of service extensions
50 (1) Repealed
(2) Order for interconnection of electrical systems
(3) Enforcement of order
(4) Review by P. U. Board
51 (1) Licences and leases to corporation under Water Power Regulations
(2) Application of Water Power Act and Water Rights Act
52 Regulations
53 (1) Authority in general terms
(2) Authorization may be retroactive
54 This Act to prevail in case of conflict
55 (1) Saving power
(2) Ancillary powers
55.1 Restraining or compliance order
56 Offence and penalties