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The Public Utilities Board Act

C.C.S.M. c. P280

The Public Utilities Board Act

1 Definitions
2 (1) Application of Act
(2) Pipeline under Oil and Gas Act
(3) Exception for gas etc. in tanks
(4) L.G. in C. may declare public utility
(5) Application to Manitoba Hydro
(5.1) Act not to apply to railway under Provincial Railways Act
(6) Board may declare sewage system a public utility
ORGANIZATION, PROCEDURE AND POWERS
3 Continuation of board
4 Membership of board
5 (1) Chairman and vice-chairman
(2) Powers of vice-chairman
(3) Member acting as chairman
6 (1) Duties of chairman
(2) Duties of members other than chairman
7 Appointment of members
8 Appointment of staff
9 Term of office
10 Powers and seal
VACANCIES
11 Vacancies on board
12 Absence or inability of the chairman
13 (1) Completion of business by substitute
(2) Presumption in such cases
14 (1) Disabilities of members
(2) Disposal by members of certain things owned or acquired
SITTINGS OF THE BOARD
15 (1) Place of office of board
(2) Conduct of sitting
(3) Public hearings
(4) Quorum
(5) Separate sittings
(6) Choice of members
16 Reports by one member
17 (1) Use of public buildings for sittings of the board
(2) Use of municipal buildings
SECRETARY
18 (1) Appointment of secretary
(2) Duties of secretary
(3) Records
(4) Copies of orders, etc.
(5) Absence of secretary
EXPERTS AND ASSISTANTS
19 Technical advisers
20 Use of government services
21 Payment for special services
22 Salaries and expenses
23 Non-personal liability of board and employees
PROCEDURE
24 (1) Procedure governed by rules
(2) Rules of evidence not binding on board
(3) Rules of practice, their publication
(4) Board to have powers of Court of Queen's Bench in certain matters
(5) Witnesses
(6) Evidence by affidavit or report
(7) Commissions to take evidence out of Manitoba
25 Maintaining order at meetings
26 (1) Protection of witnesses
(2) Members and employees not required to give evidence in civil suits
(3) No corporate immunity
27 (1) Initiation of inquiries
(2) Power to inspect, examine witnesses, documents, etc.
(3) Authority of officers of the board to administer oaths, etc.
28 (1) Power to require doing of acts
(2) Method of performance
29 (1) In case of default, board may authorize doing of act
(2) Recovery of expense
30 Reports to board, expense of
31 (1) Hearings by single member
(2) Proviso as to chairman
(3) Further evidence
32 Local authorities may become complainants
33 Power of board on complaints generally
34 Counsel to represent persons interested
NOTICES AND DOCUMENTS
35 Notices, how signed
36 Notices, how given
37 (1) Notices, service by publication
(2) Notices by registered mail
38 Notice in certain matters
39 (1) Orders in emergencies, without notice
(2) Relief to persons affected thereby
DOCUMENTS AND RECORDS
40 (1) Documents from public offices
(2) Certificates, searches, etc., without charge to board
41 Documents of corporations as evidence
42 (1) Documents of board as evidence
(2) Copies
43 (1) Certified copies of documents deposited with board
(2) Copies of order, etc., under seal of board
ORDERS OF THE BOARD
44 (1) Power to order partial or other relief
(2) Review of orders
(3) Varying order
45 Interim orders ex parte
46 Extension of time for compliance with order
47 (1) Orders subject to conditions
(2) Interim order
48 Orders involving expense to parties to be after notice and hearing
49 (1) Contents of order
(2) Substantial compliance with Act only required
50 (1) When orders effective
(2) Lapse of order
SERVICE OF ORDERS
51 (1) Service generally
(2) Service within 10 days
52 (1) Enforcement of orders
(2) When order to become lien against lands
(3) Realization of amount payable
(4) Sheriffs and constables to assist board
53 Effect of publication on website
54 Finality of orders
PENALTY
55 General penalty
COSTS
56 (1) Costs in discretion of board
(2) Order for payment of costs
(3) Scale of costs
FEES
57 (1) Tariff of fees
(2) Deposit before certain inquiries made
(3) Audit
APPEAL
58 (1) Grounds of appeal
(2) Leave to appeal
(3) Setting down for hearing and notice
(4) Transmission of material to court
(5) Inferences by court
(6) Board to be heard
(7) Costs of appeal and rules of practice
(8) Immunity of board
(9) Return of material to board
58.1 to 58.3
58.4 (1) Reference to Court of Appeal
(2) Court of Appeal to remit decision
(3) Proceedings, etc. not stayed
CONTROL OF PUBLIC UTILITIES
59 (1) How application made
(2) When authorization of board to be applied for
60 Further action to await disposal of application
61 Elements of rate base
62 Notice of decision to applicant
JURISDICTION AND POWERS OF BOARD IN RESPECT OF PUBLIC UTILITIES
63 (1) Jurisdiction as to carriers
(2) Repealed
64 (1) Investigation of excess charges
(2) Order on investigation
65 (1) Increase or decrease of contractual rate
(2) When applicable
(3) Saving clause
66 Order requiring vote of ratepayers
67 Use of highways, watercourses, etc.
68 Crossing territory of municipality to reach other territory
69 Extension of services
70 Transmission lines in rural municipalities
71 Use of highways, bridges, etc.
72 Removal of works from highways
73 Disputes between utility and municipality
74 (1) General supervision over utilities
(2) Inquiries by board
74.1 (1) Board may refrain from exercising power
(2) Exception
(3) Imposition of conditions on associated person
75 Receivers, etc., subject to board
76 General powers
77 Orders as to utilities
78 (1) Orders as to owners
(2) Fixing of rates of depreciation
(3) Establishment of depreciation fund
(4) Expenditure from fund
(5) Orders respecting accidents
79 Joint user of poles, etc.
80 (1) Span wires of street railways
(2) Expense
(3) Injuries to building
(4) Right of entry
81 Reports on personnel of corporations
RESTRICTION ON POWERS OF OWNERS OF PUBLIC UTILITIES
82 (1) Discriminatory rates
(2) Application of clause (1)(b)
(3) Where clause (1)(f) not applicable
(3.1) Where clause (1)(h) does not apply
(4) Where clause (1)(i) not applicable
(5) Orders affecting dividends
(6) Liability of directors
(7) Relief for directors
(8) Order authorizing dividends
(9) Effect of clause (1)(g)
(10) Certain dispositions void
(11) Granting of authority to issue securities
(12) Authority of board re contracts
(13) Compliance with orders of board
(14) Meaning of "interest in a corporation"
(15) Preferential rates from municipal utility
(16) Board authorization
(17) Terms of authorization
(18) Authority for special levy
(19) Required provision of by-law
83 (1) Statutory condition
(2) Owner responsible for damage in operations
(3) Cutting wires for fighting fires
(4) Regulations respecting construction standards
(5) Badge for meter reader
(6) Authority to sell water, light, etc., required
84 (1) Changes in rates to be approved by board
(2) Onus
85 Municipal utility accounts
86 Railway stations not to be abandoned without leave
87 Level crossings
88 Safety devices at level crossings
89 (1) Franchises to be approved by board
(2) When approval given
(3) Conditions to approval
90 (1) Requirements respecting companies not subject to Legislature
(2) Board to approve provision
(3) Agreements contrary to section to be void
91 Filing copy of contract with board
92 (1) Union of utilities to be approved by board
(2) No application to union of Winnipeg Hydro with Manitoba Hydro
93 Orders as to construction of works
94 (1) Rules by utility for safety of passengers
(2) Repealed
(3) Penalty
(4) Evidence of enactment
95 Appointment of supervisors
ORDERS UNDER THIS PART
96 (1) Operation of orders to continue rates
(2) Effective date of order against utilities
97 (1) Enforcement of orders to utilities
(2) Possession by board
(3) Powers over moneys
(4) Expenses of board
98 (1) Report of non-compliance to Minister of Justice
(2) Action to dissolve a company in default
(3) Q. B. rules to apply
99 Orders to be notified by utility to its employees
OFFENCES AND PENALTIES
100 Default in obeying order
101 Doing or aiding in doing things forbidden by Act
102 Neglect of duty imposed by Act
103 Disobedience to Act
104 Penalties
104.1 (1) Discontinuance of supply or service for default
(2) Residential premises - prohibited disconnection period
(3) "Residential premises" defined
(4) Residential premises - exception
(5) Conditions and procedures for discontinuance
(6) Board approval of conditions and procedures
(7) List of conditions and procedures
(8) Order to resume supply or service
(9) No liability for loss or damage
(10) Other Acts of the Legislature
(11) Statutes and Regulations Act does not apply
MISCELLANEOUS
105 Rights and penalties under other Acts preserved
106 Conflict of laws
107 Power of board to perform assigned duties
108 Power to validate certain acts of municipalities
109 (1) Annual report of the board
(2) Tabling of reports in the Assembly
(3) Definition: fiscal year
(4) Transition: 2004 annual report
110 Ultra vires
111 Act within authority
RATES AND OTHER MATTERS RELATED TO GAS
112 Definitions
113 (1) Application of Part
(2) Other Parts apply
114 Conditions of sale, delivery, etc.
115 (1) Grant of franchise
(2) Existing rights
(3) Board may grant franchise
(4) Repealed
116 (1) Board may order delivery, etc. of gas
(2) Repealed
(3) Duty of public utility
117 Repealed
118 Effect of an order granting a franchise
119 No liability of Crown etc.
(1 Prohibition on sale, delivery, etc.
(2) Terms of orders of Board
(3) Refunds
(4) "Owner" defined
121 Terms and conditions of orders
122 Conflict with board order
123 Burden of proof
124 Orders on application
125 Interim orders
126 (1) Criteria for board orders
(2) Repealed
(3) and (4) Repealed
127 (1) Determination of rates, tolls or charges
(2) Rate of return on shareholder equity
(3) Effective date
128 (1) Enforcement of orders
(2) Board may rescind or vary order at any time
129 Power to review
130 Regulations
ELECTRICITY RELIABILITY
DEFINITIONS
131 Definitions
REVIEW OF FEES FOR STANDARDS BODY OR COMPLIANCE BODY
132 (1) Advice to minister re fees
(2) Information
REVIEW OF RELIABILITY STANDARDS
133 (1) Application to review reliability standard
(2) Board powers on review
(3) Reliability standard of no effect if remanded
FINDING THAT RELIABILITY STANDARD VIOLATED
134 (1) Request for determination
(2) Board order
(3) Factors
(4) Only board may find non-compliance or order penalty
(5) Regulations re monetary penalty
GENERAL
135 Coordinating actions