C.C.S.M. c. P280
The Public Utilities Board Act
Table of Contents
1 | Definitions | |
2 | 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 |
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3 | Continuation of board | |
4 | Membership of board | |
5 | Chairman and vice-chairman | |
(2) | Powers of vice-chairman | |
(3) | Member acting as chairman | |
6 | Duties of chairman | |
(2) | Duties of members other than chairman | |
7 | Appointment of members | |
8 | Appointment of staff | |
9 | Term of office | |
10 | Powers and seal | |
VACANCIES | ||
11 | Vacancies on board | |
12 | Absence or inability of the chairman | |
13 | Completion of business by substitute | |
(2) | Presumption in such cases | |
14 | Disabilities of members | |
(2) | Disposal by members of certain things owned or acquired | |
SITTINGS OF THE BOARD | ||
15 | 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 | Use of public buildings for sittings of the board | |
(2) | Use of municipal buildings | |
SECRETARY | ||
18 | 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 | 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 King'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 | Protection of witnesses | |
(2) | Members and employees not required to give evidence in civil suits | |
(3) | No corporate immunity | |
27 | Initiation of inquiries | |
(2) | Power to inspect, examine witnesses, documents, etc. | |
(3) | Authority of officers of the board to administer oaths, etc. | |
28 | Power to require doing of acts | |
(2) | Method of performance | |
29 | In case of default, board may authorize doing of act | |
(2) | Recovery of expense | |
30 | Reports to board, expense of | |
31 | 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 | Notices, service by publication | |
(2) | Notices by registered mail | |
38 | Notice in certain matters | |
39 | Orders in emergencies, without notice | |
(2) | Relief to persons affected thereby | |
DOCUMENTS AND RECORDS | ||
40 | Documents from public offices | |
(2) | Certificates, searches, etc., without charge to board | |
41 | Documents of corporations as evidence | |
42 | Documents of board as evidence | |
(2) | Copies | |
43 | Certified copies of documents deposited with board | |
(2) | Copies of order, etc., under seal of board | |
ORDERS OF THE BOARD | ||
44 | 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 | Orders subject to conditions | |
(2) | Interim order | |
48 | Orders involving expense to parties to be after notice and hearing | |
49 | Contents of order | |
(2) | Substantial compliance with Act only required | |
50 | When orders effective | |
(2) | Lapse of order | |
SERVICE OF ORDERS | ||
51 | Service generally | |
(2) | Service within 10 days | |
52 | 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 on website | |
54 | Finality of orders | |
PENALTY | ||
55 | General penalty | |
COSTS | ||
56 | Costs in discretion of board | |
(2) | Order for payment of costs | |
(3) | Scale of costs | |
FEES | ||
57 | Tariff of fees | |
(2) | Deposit before certain inquiries made | |
(3) | Audit | |
APPEAL | ||
58 | 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 | |
58.4 | Reference to Court of Appeal | |
(2) | Court of Appeal to remit decision | |
(3) | Proceedings, etc. not stayed | |
PART II | ||
CONTROL OF PUBLIC UTILITIES | ||
59 | 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 |
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63 | Jurisdiction as to carriers | |
(2) | [Repealed] | |
64 | Investigation of excess charges | |
(2) | Order on investigation | |
65 | 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 | General supervision over utilities | |
(2) | Inquiries by board | |
74.1 | 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 | 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 | 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 |
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82 | 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 | 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 | 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 | Franchises to be approved by board | |
(2) | When approval given | |
(3) | Conditions to approval | |
90 | 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 | 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 | Rules by utility for safety of passengers | |
(2) | [Repealed] | |
(3) | Penalty | |
(4) | Evidence of enactment | |
95 | Appointment of supervisors | |
ORDERS UNDER THIS PART | ||
96 | Operation of orders to continue rates | |
(2) | Effective date of order against utilities | |
97 | Enforcement of orders to utilities | |
(2) | Possession by board | |
(3) | Powers over moneys | |
(4) | Expenses of board | |
98 | Report of non-compliance to Minister of Justice | |
(2) | Action to dissolve a company in default | |
(3) | K.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 | 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) | Statutes and Regulations Act does not apply | |
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 | 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 |
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112 | Definitions | |
113 | Application of Part | |
(2) | Other Parts apply | |
114 | Conditions of sale, delivery, etc. | |
115 | Grant of franchise | |
(2) | Existing rights | |
(3) | Board may grant franchise | |
(4) | [Repealed] | |
116 | 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. | |
(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 | Criteria for board orders | |
(2) | [Repealed] | |
(3) and (4) | [Repealed] | |
127 | Determination of rates, tolls or charges | |
(2) | Rate of return on shareholder equity | |
(3) | Effective date | |
128 | 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 |
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132 | Advice to minister re fees | |
(2) | Information | |
REVIEW OF RELIABILITY STANDARDS | ||
133 | Application to review reliability standard | |
(2) | Board powers on review | |
(3) | Reliability standard of no effect if remanded | |
FINDING THAT RELIABILITY STANDARD VIOLATED |
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134 | 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 |