3rd Session, 43rd Legislature

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Bill 20

THE MANITOBA HYDRO AMENDMENT ACT

(Assented to                                         )

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

C.C.S.M. c. H190 amended

1   The Manitoba Hydro Act is amended by this Act.

2   The following is added after section 49.2 and before the centred heading that follows it:

CURTAILABLE POWER PROGRAM FOR CRYPTOCURRENCY OPERATIONS

Definition of "cryptocurrency operation"

49.3(1)   In this section, "cryptocurrency operation" means a cryptocurrency operation as defined in subsection 39.1.1(1).

Curtailable power supply program for cryptocurrency operations

49.3(2)   Subject to the approval of the Lieutenant Governor in Council, the corporation may establish a curtailable power supply program that applies to customers or classes of customers who use power supplied by the corporation for cryptocurrency operations.

Purposes of program

49.3(3)   The curtailable power supply program may be established for one or more of the following purposes:

(a) to maintain the reliability, safety or adequacy of the electricity system in Manitoba;

(b) to manage peak demand or system constraints;

(c) to respond to emergencies or abnormal operating conditions;

(d) to promote the efficient and economical operation of the corporation's undertaking.

Terms and conditions

49.3(4)   The terms and conditions of the corporation's curtailable power supply program must address

(a) criteria to be used for designating customers or classes of customers who are subject to the program;

(b) criteria for determining the frequency, duration and magnitude of a curtailment under the program;

(c) notice requirements, including circumstances in which curtailment may occur without notice; and

(d) any other matter the corporation considers necessary to carry out the program.

Imposition on existing customers

49.3(5)   The curtailable power supply program may apply to any customer or a class of customers receiving a supply of power on or after the day the program is established.

Authority to curtail

49.3(6)   Under the curtailable power supply program, the corporation may temporarily reduce the supply of power to a customer or class of customers who use the power or are determined to be using the power for cryptocurrency operations in accordance with the terms and conditions of the program.

Effect on service obligations

49.3(7)   A curtailment of power by the corporation carried out in accordance with the curtailable power supply program does not constitute a breach of the corporation's obligation to supply power except to the extent provided in the program.

No impact on curtailment agreements

49.3(8)   For certainty, nothing in this section applies to a customer who has entered into an agreement with the corporation to participate in the corporation's curtailable rate program that is subject to the Curtailable Rate Program Reference Discount as approved by the regulator.

Protection from liability

49.3(9)   No action or proceeding may be brought against the corporation for anything done, or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this section or a regulation made under this section.

Conditional amendment

3   If this Act comes into force before section 3 of Bill 39, introduced in the Third Session of the 43rd Legislature and titled The Manitoba Hydro Amendment and Tax Administration and Miscellaneous Taxes Amendment Act comes into force, then subsection 49.3(1), as enacted by this Act, is replaced with the following:

Definition of "cryptocurrency operation"

49.3(1)   In this section and subject to the regulations, "cryptocurrency operation" means an operation that uses electronic equipment dedicated to cryptographic calculations which, in particular, serve to validate successive transactions made by users of a blockchain.

Regulations re meaning — "cryptocurrency operations"

49.3(1.1)   The Lieutenant Governor in Council may make regulations extending or limiting the meaning of "cryptocurrency operation" for the purpose of this section.

Coming into force

4   This Act comes into force on a day to be fixed by proclamation.