R.S.M. 1987, c. P280
The Public Utilities Board Act
Table of Contents
1 | Definitions. | |
2 | Application of Act. | |
(2) | Exception for pipe line. | |
(3) | Exception for gas etc. in tanks. | |
(4) | L. G. in C. may declare public utility. | |
(5) | Act not to apply to Manitoba Hydro. | |
(6) | Board may deciare sewage system a public utility. | |
PART I
ORGANIZATION, PROCEDURE AND POWERS |
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3 | Continuation of board. | |
4 | Membership of board. | |
5 | Chairman and vice-chairman. | |
(2) | Powers of vice-chairman. | |
(3) | Member acting as chairman. | |
6 | Duties of chairman. | |
(2) | Duties of members other than chairman. | |
7 | Appointment of members. | |
8 | Appointment of staff. | |
9 | Term of office. | |
10 | Corporate powers and seal. | |
VACANCIES | ||
11 | Vacancies on board. | |
12 | Absence or inability of the chairman. | |
13 | Completion of business by substitute. | |
(2) | Presumption in such cases. | |
14 | Disabilities of members. | |
(2) | Disposal by members of certain things owned or acquired. | |
SITTINGS OF THE BOARD | ||
15 | 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 | Use of public buildings for sittings of the board. | |
(2) | Use of municipal buildings. | |
SECRETARY | ||
18 | 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 | 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 | Protection of witnesses. | |
(2) | Members and employees not required to give evidence in civil suits. | |
(3) | No corporate immunity. | |
27 | Initiation of inquiries. | |
(2) | Power to inspect, examine witnesses, documents, etc. | |
(3) | Authority of officers of the board to administer oaths, etc. | |
28 | Power to require doing of acts. | |
(2) | Method of performance. | |
29 | In case of default, board may authorize doing of act. | |
(2) | Recovery of expense. | |
30 | Reports to board, expense of. | |
31 | 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 | Notices, service by publication. | |
(2) | Notices by registered mail. | |
38 | Notice in certain matters. | |
39 | Orders in emergencies, without notice. | |
(2) | Relief to persons affected thereby. | |
DOCUMENTS AND RECORDS | ||
40 | Documents from public offices. | |
(2) | Certificates, searches, etc., without charge to board. | |
41 | Documents of corporations as evidence. | |
42 | Documents of board as evidence. | |
(2) | Copies. | |
43 | Certified copies of documents deposited with board. | |
(2) | Copies of order, etc., under seal of board. | |
ORDERS OF THE BOARD | ||
44 | 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 | Orders subject to conditions. | |
(2) | Interim order. | |
48 | Orders involving expense to parties to be after notice and hearing. | |
49 | Contents of order. | |
(2) | Substantial compliance with Act only required. | |
50 | When orders effective. | |
(2) | Lapse of order. | |
SERVICE OF ORDERS | ||
51 | Service generally. | |
(2) | Service within 10 days. | |
52 | 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 in Gazette. | |
54 | Finality of orders. | |
PENALTY | ||
55 | General penalty. | |
COSTS | ||
56 | Costs in discretion of board. | |
(2) | Order for payment of costs. | |
(3) | Scale of costs. | |
FEES | ||
57 | Tariff of fees. | |
(2) | Deposit before certain inquiries made. | |
(3) | Audit. | |
APPEAL | ||
58 | 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. | |
PART II
CONTROL OF PUBLIC UTILITIES |
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59 | 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 | Jurisdiction as to carriers. | |
(2) | Jurisdiction of traffic board preserved. | |
64 | Investigation of excess charges. | |
(2) | Order on investigation. | |
65 | 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 | General supervision over utilities. | |
(2) | Inquiries by board. | |
75 | Receivers, etc., subject to board. | |
76 | General powers. | |
77 | Orders as to utilities. | |
78 | 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 | 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 | Discriminatory rates. | |
(2) | Application of clause (1)(b). | |
(3) | Where cl. (1)(f) not applicable. | |
(4) | Where cl. (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) | Authorization of by-law. | |
(17) | Terms of authorization. | |
(18) | Authority for special levy. | |
(19) | Required provision of by-law. | |
83 | 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 | 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 | Franchises to be approved by board. | |
(2) | When approval given. | |
(3) | Conditions to approval. | |
90 | Requirements respecting companies not subject to Legislature. | |
(2) | Board to approve provision. | |
(3) | Agreements contrary to section to be void. | |
91 | Filing of copy contract with board. | |
92 | Union of utilities to be approved by board. | |
93 | Orders as to construction of works. | |
94 | Rules by utility for safety of passengers. | |
(2) | Jurisdiction of traffic board preserved. | |
(3) | Penalty. | |
(4) | Evidence of enactment | |
95 | Appointment of supervisors. | |
ORDERS UNDER THIS PART | ||
96 | Operation of orders to continue rates. | |
(2) | Effective date of order against utilities. | |
97 | Enforcement of orders to utilities. | |
(2) | Possession by board. | |
(3) | Powers over moneys. | |
(4) | Expenses of board. | |
98 | Report of non-compliance to Attorney-General. | |
(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. | |
PART III
MISCELLANEOUS |
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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 | Annual report of board. | |
(2) | Submission of report. | |
110 | Ultra vires. | |
111 | Act within authority. |