C.C.S.M. c. P280
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1
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| Definitions
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2
| (1)
| Application of Act
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| (2)
| Pipeline under Oil and Gas Act
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| (3)
| Exception for gas etc. in tanks
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| (4)
| L.G. in C. may declare public utility
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| (5)
| Application to Manitoba Hydro
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| (5.1)
| Act not to apply to railway under Provincial Railways Act
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| (6)
| Board may declare sewage system a public utility
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PART I
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ORGANIZATION, PROCEDURE AND POWERS
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3
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| Continuation of board
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4
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| Membership of board
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5
| (1)
| Chairman and vice-chairman
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| (2)
| Powers of vice-chairman
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| (3)
| Member acting as chairman
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6
| (1)
| Duties of chairman
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| (2)
| Duties of members other than chairman
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7
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| Appointment of members
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8
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| Appointment of staff
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9
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| Term of office
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10
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| Corporate powers and seal
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VACANCIES
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11
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| Vacancies on board
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12
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| Absence or inability of the chairman
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13
| (1)
| Completion of business by substitute
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| (2)
| Presumption in such cases
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14
| (1)
| Disabilities of members
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| (2)
| Disposal by members of certain things owned or acquired
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SITTINGS OF THE BOARD
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15
| (1)
| Place of office of board
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| (2)
| Conduct of sitting
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| (3)
| Public hearings
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| (4)
| Quorum
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| (5)
| Separate sittings
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| (6)
| Choice of members
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16
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| Reports by one member
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17
| (1)
| Use of public buildings for sittings of the board
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| (2)
| Use of municipal buildings
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SECRETARY
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18
| (1)
| Appointment of secretary
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| (2)
| Duties of secretary
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| (3)
| Records
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| (4)
| Copies of orders, etc.
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| (5)
| Absence of secretary
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EXPERTS AND ASSISTANTS
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19
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| Technical advisers
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20
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| Use of government services
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21
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| Payment for special services
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22
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| Salaries and expenses
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23
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| Non-personal liability of board and employees
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PROCEDURE
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24
| (1)
| Procedure governed by rules
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| (2)
| Rules of evidence not binding on board
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| (3)
| Rules of practice, their publication
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| (4)
| Board to have powers of Court of Queen's Bench in certain matters
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| (5)
| Witnesses
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| (6)
| Evidence by affidavit or report
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| (7)
| Commissions to take evidence out of Manitoba
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25
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| Maintaining order at meetings
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26
| (1)
| Protection of witnesses
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| (2)
| Members and employees not required to give evidence in civil suits
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| (3)
| No corporate immunity
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27
| (1)
| Initiation of inquiries
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| (2)
| Power to inspect, examine witnesses, documents, etc.
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| (3)
| Authority of officers of the board to administer oaths, etc.
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28
| (1)
| Power to require doing of acts
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| (2)
| Method of performance
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29
| (1)
| In case of default, board may authorize doing of act
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| (2)
| Recovery of expense
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30
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| Reports to board, expense of
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31
| (1)
| Hearings by single member
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| (2)
| Proviso as to chairman
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| (3)
| Further evidence
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32
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| Local authorities may become complainants
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33
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| Power of board on complaints generally
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34
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| Counsel to represent persons interested
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NOTICES AND DOCUMENTS
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35
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| Notices, how signed
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36
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| Notices, how given
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37
| (1)
| Notices, service by publication
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| (2)
| Notices by registered mail
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38
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| Notice in certain matters
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39
| (1)
| Orders in emergencies, without notice
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| (2)
| Relief to persons affected thereby
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DOCUMENTS AND RECORDS
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40
| (1)
| Documents from public offices
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| (2)
| Certificates, searches, etc., without charge to board
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41
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| Documents of corporations as evidence
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42
| (1)
| Documents of board as evidence
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| (2)
| Copies
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43
| (1)
| Certified copies of documents deposited with board
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| (2)
| Copies of order, etc., under seal of board
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ORDERS OF THE BOARD
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44
| (1)
| Power to order partial or other relief
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| (2)
| Review of orders
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| (3)
| Varying order
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45
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| Interim orders ex parte
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46
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| Extension of time for compliance with order
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47
| (1)
| Orders subject to conditions
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| (2)
| Interim order
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48
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| Orders involving expense to parties to be after notice and hearing
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49
| (1)
| Contents of order
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| (2)
| Substantial compliance with Act only required
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50
| (1)
| When orders effective
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| (2)
| Lapse of order
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SERVICE OF ORDERS
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51
| (1)
| Service generally
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| (2)
| Service within 10 days
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52
| (1)
| Enforcement of orders
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| (2)
| When order to become lien against lands
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| (3)
| Realization of amount payable
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| (4)
| Sheriffs and constables to assist board
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53
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| Effect of publication in Gazette
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54
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| Finality of orders
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PENALTY
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55
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| General penalty
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COSTS
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56
| (1)
| Costs in discretion of board
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| (2)
| Order for payment of costs
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| (3)
| Scale of costs
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FEES
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57
| (1)
| Tariff of fees
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| (2)
| Deposit before certain inquiries made
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| (3)
| Audit
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APPEAL
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58
| (1)
| Grounds of appeal
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| (2)
| Leave to appeal
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| (3)
| Setting down for hearing and notice
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| (4)
| Transmission of material to court
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| (5)
| Inferences by court
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| (6)
| Board to be heard
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| (7)
| Costs of appeal and rules of practice
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| (8)
| Immunity of board
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| (9)
| Return of material to board
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58.1
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58.2
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58.3
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58.4
| (1)
| Reference to Court of Appeal
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| (2)
| Court of Appeal to remit decision
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| (3)
| Proceedings, etc. not stayed
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PART II
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CONTROL OF PUBLIC UTILITIES
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59
| (1)
| How application made
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| (2)
| When authorization of board to be applied for
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60
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| Further action to await disposal of application
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61
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| Elements of rate base
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62
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| Notice of decision to applicant
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JURISDICTION AND POWERS OF BOARD IN RESPECT OF PUBLIC UTILITIES
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63
| (1)
| Jurisdiction as to carriers
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| (2)
| Jurisdiction of traffic board preserved
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64
| (1)
| Investigation of excess charges
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| (2)
| Order on investigation
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65
| (1)
| Increase or decrease of contractual rate
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| (2)
| When applicable
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| (3)
| Saving clause
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66
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| Order requiring vote of ratepayers
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67
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| Use of highways, watercourses, etc.
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68
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| Crossing territory of municipality to reach other territory
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69
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| Extension of services
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70
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| Transmission lines in rural municipalities
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71
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| Use of highways, bridges, etc.
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72
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| Removal of works from highways
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73
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| Disputes between utility and municipality
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74
| (1)
| General supervision over utilities
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| (2)
| Inquiries by board
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74.1
| (1)
| Board may refrain from exercising power
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| (2)
| Exception
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| (3)
| Imposition of conditions on associated person
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75
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| Receivers, etc., subject to board
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76
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| General powers
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77
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| Orders as to utilities
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78
| (1)
| Orders as to owners
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| (2)
| Fixing of rates of depreciation
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| (3)
| Establishment of depreciation fund
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| (4)
| Expenditure from fund
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| (5)
| Orders respecting accidents
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79
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| Joint user of poles, etc.
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80
| (1)
| Span wires of street railways
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| (2)
| Expense
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| (3)
| Injuries to building
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| (4)
| Right of entry
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81
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| Reports on personnel of corporations
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RESTRICTION ON POWERS OF OWNERS OF PUBLIC UTILITIES
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82
| (1)
| Discriminatory rates
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| (2)
| Application of clause (1)(b)
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| (3)
| Where clause (1)(f) not applicable
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| (3.1)
| Where clause (1)(h) does not apply
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| (4)
| Where clause (1)(i) not applicable
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| (5)
| Orders affecting dividends
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| (6)
| Liability of directors
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| (7)
| Relief for directors
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| (8)
| Order authorizing dividends
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| (9)
| Effect of clause (1)(g)
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| (10)
| Certain dispositions void
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| (11)
| Granting of authority to issue securities
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| (12)
| Authority of board re contracts
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| (13)
| Compliance with orders of board
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| (14)
| Meaning of "interest in a corporation"
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| (15)
| Preferential rates from municipal utility
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| (16)
| Board authorization
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| (17)
| Terms of authorization
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| (18)
| Authority for special levy
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| (19)
| Required provision of by-law
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83
| (1)
| Statutory condition
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| (2)
| Owner responsible for damage in operations
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| (3)
| Cutting wires for fighting fires
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| (4)
| Regulations respecting construction standards
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| (5)
| Badge for meter reader
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| (6)
| Authority to sell water, light, etc., required
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84
| (1)
| Changes in rates to be approved by board
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| (2)
| Onus
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85
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| Municipal utility accounts
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86
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| Railway stations not to be abandoned without leave
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87
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| Level crossings
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88
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| Safety devices at level crossings
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89
| (1)
| Franchises to be approved by board
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| (2)
| When approval given
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| (3)
| Conditions to approval
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90
| (1)
| Requirements respecting companies not subject to Legislature
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| (2)
| Board to approve provision
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| (3)
| Agreements contrary to section to be void
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91
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| Filing copy of contract with board
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92
| (1)
| Union of utilities to be approved by board
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| (2)
| No application to union of Winnipeg Hydro with Manitoba Hydro
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93
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| Orders as to construction of works
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94
| (1)
| Rules by utility for safety of passengers
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| (2)
| Jurisdiction of traffic board preserved
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| (3)
| Penalty
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| (4)
| Evidence of enactment
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95
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| Appointment of supervisors
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ORDERS UNDER THIS PART
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96
| (1)
| Operation of orders to continue rates
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| (2)
| Effective date of order against utilities
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97
| (1)
| Enforcement of orders to utilities
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| (2)
| Possession by board
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| (3)
| Powers over moneys
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| (4)
| Expenses of board
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98
| (1)
| Report of non-compliance to Minister of Justice
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| (2)
| Action to dissolve a company in default
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| (3)
| Q. B. rules to apply
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99
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| Orders to be notified by utility to its employees
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OFFENCES AND PENALTIES
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100
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| Default in obeying order
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101
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| Doing or aiding in doing things forbidden by Act
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102
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| Neglect of duty imposed by Act
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103
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| Disobedience to Act
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104
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| Penalties
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104.1
| (1)
| Discontinuance of supply or service for default
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| (2)
| Residential premises - prohibited disconnection period
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| (3)
| "Residential premises" defined
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| (4)
| Residential premises - exception
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| (5)
| Conditions and procedures for discontinuance
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| (6)
| Board approval of conditions and procedures
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| (7)
| List of conditions and procedures
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| (8)
| Order to resume supply or service
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| (9)
| No liability for loss or damage
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| (10)
| Other Acts of the Legislature
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| (11)
| Regulations Act
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PART III
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MISCELLANEOUS
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105
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| Rights and penalties under other Acts preserved
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106
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| Conflict of laws
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107
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| Power of board to perform assigned duties
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108
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| Power to validate certain acts of municipalities
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109
| (1)
| Annual report of the board
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| (2)
| Tabling of reports in the Assembly
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| (3)
| Definition: fiscal year
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| (4)
| Transition: 2004 annual report
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110
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| Ultra vires
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111
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| Act within authority
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PART IV
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RATES AND OTHER MATTERS RELATED TO GAS
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112
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| Definitions
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113
| (1)
| Application of Part
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| (2)
| Other Parts apply
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114
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| Conditions of sale, delivery, etc.
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115
| (1)
| Grant of franchise
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| (2)
| Existing rights
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| (3)
| Board may grant franchise
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| (4)
| Repealed
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116
| (1)
| Board may order delivery, etc. of gas
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| (2)
| Repealed
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| (3)
| Duty of public utility
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117
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| Repealed
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118
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| Effect of an order granting a franchise
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119
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| No liability of Crown etc.
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120
| (1)
| Prohibition on sale, delivery, etc.
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| (2)
| Terms of orders of Board
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| (3)
| Refunds
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| (4)
| "Owner" defined
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121
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| Terms and conditions of orders
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122
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| Conflict with board order
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123
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| Burden of proof
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124
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| Orders on application
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125
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| Interim orders
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126
| (1)
| Criteria for board orders
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| (2)
| Repealed
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| (3) and (4)
| Repealed
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127
| (1)
| Determination of rates, tolls or charges
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| (2)
| Rate of return on shareholder equity
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| (3)
| Effective date
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128
| (1)
| Enforcement of orders
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| (2)
| Board may rescind or vary order at any time
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129
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| Power to review
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130
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| Regulations
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PART V
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ELECTRICITY RELIABILITY
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DEFINITIONS
|
131
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| Definitions
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REVIEW OF FEES FOR STANDARDS BODY OR COMPLIANCE BODY
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132
| (1)
| Advice to minister re fees
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| (2)
| Information
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REVIEW OF RELIABILITY STANDARDS
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133
| (1)
| Application to review reliability standard
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| (2)
| Board powers on review
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| (3)
| Reliability standard of no effect if remanded
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FINDING THAT RELIABILITY STANDARD VIOLATED
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134
| (1)
| Request for determination
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| (2)
| Board order
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| (3)
| Factors
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| (4)
| Only board may find non-compliance or order penalty
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| (5)
| Regulations re monetary penalty
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GENERAL
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135
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| Coordinating actions
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