C.C.S.M. c. P280
| |
|
| 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
|
