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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 | 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) | 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) | 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. | |
| 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) | 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 | |
| PART V | ||
| 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 | |