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 to 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 |