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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 |
| PART I | |
| 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 | Corporate 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 in Gazette |
| 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 | |
| 58.2 | |
| 58.3 | |
| 58.4(1) | Reference to Court of Appeal |
| (2) | Court of Appeal to remit decision |
| (3) | Proceedings, etc. not stayed |
| PART II | |
| 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) | Jurisdiction of traffic board preserved |
| 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) | Jurisdiction of traffic board preserved |
| (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 | |
| 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) | Regulations Act |
| PART III | |
| 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 |
| PART IV | |
| 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) | |
| 116(1) | Board may order delivery, etc. of gas |
| (2) | |
| (3) | Duty of public utility |
| 117 | |
| 118 | Effect of an order granting a franchise |
| 119 | No liability of Crown etc. |
| 120(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) | |
| (3) and (4) | |
| 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 |