The Manitoba Hydro Act
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This version is current as of January 26, 2023.
It has been in effect since November 3, 2022.

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C.C.S.M. c. H190

The Manitoba Hydro Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1   In this Act,

"board" means the board for which provision is made in section 5; (« conseil »)

"compliance body" means a body authorized under clause 15.0.1(1)(d) to monitor compliance with reliability standards in Manitoba; (« organisme de contrôle »)

"corporation" means The Manitoba Hydro-Electric Board continued by this Act and otherwise referred to as Manitoba Hydro; (« Régie »)

"customer" includes any user or purchaser of power or any potential user or purchaser of power; (« client »)

"fuels" means all forms of energy other than electrical power, and includes, without limitation, natural, manufactured and mixed gas, liquefied petroleum gas, oil and coal; (« combustibles »)

"generation" means production by hydraulic, electrical, pneumatic, steam, internal combustion engine, gas, oil, atomic, or any other process; (« production »)

"Her Majesty" means Her Majesty the Queen in right of the Province of Manitoba; (« Sa Majesté »)

"interconnection works" means property, including land and works, upon or adjacent to the boundary line between Manitoba and any other province or any state of the United States and situated in Manitoba or in that other province or state, or partly in one and partly in the other of them; (« ouvrages d'interconnexion »)

"land" means real property of whatsoever nature or kind and includes tenements, hereditaments, and appurtenances, leaseholds, and any estate, term, easement, right or interest in, to, over, under or affecting land, including rights-of-way, and waters, water rights, water powers, and water privileges; (« biens-fonds »)

"major new facility" means a major new facility for generating or transmitting power as described in subsection 16(5); (« nouvelle installation importante »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipality" means a city, town, village, rural municipality or local government district and includes the City of Winnipeg, and also includes a school district, school area, or school division; and "municipal" has a corresponding meaning; (« municipalité »)

"orders" include orders made under this Act; (« décrets »)

"owner" includes a mortgagee, lessee, tenant, occupant, or any person entitled to any estate or interest in property, land, or works, and a guardian, committee, substitute decision maker for property as defined in The Vulnerable Persons Living with a Mental Disability Act, executor, administrator or trustee in whom property, land, or works, or any estate or interest therein is vested; (« propriétaire »)

"person" includes a firm, corporation, commission, whether governmental, municipal, or otherwise, and the heirs, executors, administrators, successors, and assigns of a person; (« personne »)

"power" means electrical power howsoever generated, and includes electrical energy; (« énergie »)

"power plant" includes all land and works, constructed, acquired, used or adapted, or that might be used or adapted, for or in connection with the development or generation of power; (« installation de production »)

"power project" includes any charter, franchise, privilege, or other right, or land, or works, acquired, or proposed to be acquired, by any person with a view to the development or generation of power, or any plans, surveys, or data made or assembled with a view to the development or generation of power; (« programme énergétique »)

"power site" includes any land, or any lake, river, stream, watercourse, or body of water, water licence or privilege, or reservoir, dam, water storage, sluice, canal, raceway, tunnel, or aqueduct, that is used or that might be used for or in connection with the development or generation of power; (« site de production »)

"property" includes any and all property, movable, immovable, real, personal, mixed, tangible or intangible; (« biens »)

"regulator" means The Public Utilities Board continued under The Public Utilities Board Act; (« autorité de réglementation »)

"related business venture" means

(a) a business venture to assist the corporation in carrying out its purposes and objects,

(b) a business venture through which the corporation can market its products, services and expertise,

(c) a business venture through which the corporation can utilize its property, or acquire and utilize other property to enhance the utilization of its property, for secondary purposes, or

(d) any business venture related to fuels; (« entreprise commerciale connexe »)

"reliability standard" means a standard, rule or requirement for the planning, design or operation of electricity generation and transmission facilities and major electricity loads in Manitoba within a regional electricity grid, for the purpose of

(a) providing a continuous supply of power, at acceptable voltage and frequency, in Manitoba and within the regional electricity grid, and

(b) minimizing instability, uncontrolled separation or cascading failures, and uncontrolled electricity flows, in Manitoba and within the regional electricity grid; (« normes de fiabilité »)

"retail supply of power" means an arrangement, transaction or series of transactions which, in form or in substance, constitutes the sale or supply of power to the end-user of the power; (« fourniture d'énergie au détail »)

"separation of functions" means the functions of

(a) the corporation,

(b) any subsidiary, or

(c) any other person,

as determined by the board, operated on an independent and separate basis by the corporation, any subsidiary, any other person or any combination thereof; (« séparation des fonctions »)

"standards body" means a body that makes or recommends reliability standards; (« organisme des normes »)

"subsidiary" means a company of which the corporation owns, directly or indirectly, all of its shares; (« filiale »)

"supply" includes delivery, dealing in, and sale; (« fournir »)

"works" includes all roads, railroads, plant, machinery, buildings, structures, erections, constructions, installations, materials, devices, fittings, apparatus, appliances, equipment, and other property for the development, generation, transmission, distribution, or supply of power. (« ouvrages »)

S.M. 1993, c. 29, s. 187; S.M. 1997, c. 55, s. 2; S.M. 2009, c. 17, s. 2; S.M. 2022, c. 42, s. 2.

Purposes and objects of Act

2(1)   The purposes and objects of this Act are to provide for the continuance of a supply of power adequate for the needs of the province, and to engage in and to promote economy and efficiency in the development, generation, transmission, distribution, supply and end-use of power and, in addition, are

(a) to provide and market products, services and expertise related to the development, generation, transmission, distribution, supply and end-use of power, within and outside the province; and

(b) to market and supply power to persons outside the province on terms and conditions acceptable to the board.

Additional purposes and objects

2(2)   Without limiting subsection (1), the purposes and objects of this Act include establishing a regulatory framework for

(a) determining rates for the provision of power to retail customers in Manitoba; and

(b) [not yet proclaimed]

S.M. 1997, c. 55, s. 3; S.M. 2022, c. 42, s. 3.

PART I

THE CORPORATION

Continuation of corporation

3   The corporation as heretofore constituted, established, and incorporated shall continue to be a body corporate consisting of the members of the board.

References to "Manitoba Hydro"

4(1)   The corporation may be referred to, or shortly described, in Acts of the Legislature and otherwise, as: "Manitoba Hydro".

Agent of Crown

4(2)   The corporation is an agent of Her Majesty.

Holding of property

4(3)   Property owned or acquired by the corporation shall be held or acquired in the name of the corporation.

Proceedings against corporation affecting supply of power prohibited

4(4)   No action or proceedings by way of injunction, mandamus, prohibition or other restraining process or proceeding of any nature that has, or may have, the effect of terminating, suspending, curtailing, limiting, or hindering the supply of power to any person shall be brought, or may be maintained, against the corporation in any court.

Where Corporations Act applies

4(5)   Subject to the limitations set forth in this Act, subsections 15(2) and 16(1) and (2), sections 17 and 18 and subsections 119(1), (2), (3) and (4) of The Corporations Act apply to the corporation, with necessary modifications, and subsections 119(1), (2), (3) and (4) of The Corporations Act are deemed to apply to the members, officers and employees of the corporation and their heirs and legal representatives.

Where Corporations Act does not apply

4(6)   Except as set out in subsection 4(5), The Corporations Act does not apply to the corporation.

S.M. 1997, c. 55, s. 4.

THE BOARD

Board

5(1)   The affairs of the corporation are to be administered by a board which is to consist of at least six and not more than ten members appointed by the Lieutenant Governor in Council.

Term of office

5(2)   Unless he sooner dies, resigns, or is removed from office, each member shall serve for such term as is specified in the order in council by which he is appointed.

Appointment of chairman and vice-chairman

5(3)   The Lieutenant Governor in Council shall designate one of the members to be chairman and another to be vice-chairman of the board.

Duties and powers of vice-chairman

5(4)   When the office of chairman is vacant, or in the absence of the chairman from the province or during his incapacity, from any cause, to act, or at the request of the chairman or the minister, the vice-chairman shall act as chairman and while so acting

(a) he has all the powers, and shall discharge all the duties and functions of the chairman; and

(b) unless specifically otherwise provided in this Act, all references herein to the chairman apply and refer to the vice-chairman.

Vacancies in board

5(5)   In the event of a vacancy occurring in the membership of the board, the Lieutenant Governor in Council may, by order in council, appoint a person to fill the vacancy.

Appointment of pro tempore member

5(6)   In case of the death, illness, or absence from the province, of a member of the board, or of his inability from any cause, to act, the Lieutenant Governor in Council may, by order in council, appoint another person to act pro tempore in his stead for such period as is stated in the order; and a person so appointed, during the period for which he is appointed, has all the powers, and shall perform all the duties, of a member of the board.

S.M. 2019, c. 11, s. 13.

Remuneration of chairman and vice-chairman and members

6   The corporation shall pay to the chairman, vice-chairman, and each other member of the board such remuneration as may be fixed by order of the Lieutenant Governor in Council.

Prohibition of certain interests of members

7   No member of the board, or of the board of directors of any subsidiary, shall have any monetary interest of any description, directly or indirectly, in any property or in any business or undertaking that has to do with

(a) the development, generation, transmission, distribution or supply of power in Manitoba; or

(b) the flow, and the right to the use for the generation of power or any other purpose connected therewith, of the water at any time in any lake, river, watercourse, or other body of water in Manitoba, and the taking, diversion, storage, or pondage, of such water for any of those purposes.

S.M. 1997, c. 55, s. 5.

Authority for M.L.A. to be member of board

8   Notwithstanding The Legislative Assembly Act, a member of the Legislative Assembly, other than a member of the Executive Council, may be a member of the board and may accept from the corporation salary or remuneration under this Act; and he does not thereby vacate or forfeit his seat, or incur any of the penalties imposed by The Legislative Assembly Act for sitting and voting as a member of the Legislative Assembly.

S.M. 1988-89, c. 23, s. 34.

Principal offices

9   The principal offices of the corporation shall be within The City of Winnipeg.

Board meetings

10(1)   Meetings of the board shall be held at the call of the chairman, at such place, and upon such notice, as to him seems proper.

Meetings on request of members

10(2)   The chairman shall call a meeting of the board immediately upon being requested so to do in writing by a majority of the other members of the board.

Quorum

10(3)   A majority of the members of the board, including the chairman or vice-chairman, constitutes a quorum at any meeting of the board.

Chairman of the board

11(1)   The chairman shall sign all orders or directions issued by the authority of the board; and he may act for, on behalf of, and in the name of the corporation and the board in the execution, performance, and carrying out, of any act, matter, or thing that is within the power of the corporation or of the board, as the case may be, subject only to such express directions and decisions as may have been given or made by resolution of the board passed at a regularly held meeting thereof.

Evidential value of certain documents

11(2)   Any order, regulation, direction, or other document whatsoever purporting to be signed by the authority of the board shall, when signed by the chairman or vice-chairman, as the case may be, be admitted as evidence of the contents thereof without any proof of the signature of the chairman or vice-chairman, as the case may be, or of the authority of the chairman or the vice-chairman, as the case may be, to sign it.

Appointment of general manager

11(3)   The board shall, subject to the approval of the Lieutenant Governor in Council, appoint a suitable person to be the chief executive officer of the corporation who shall carry out and perform such duties and discharge such responsibilities as may be prescribed or required by the board.

S.M. 1988-89, c. 23, s. 34.

Keeping of minutes

12(1)   The board shall keep at the offices of the corporation full and complete minutes and records of all business transacted at its meetings.

Public nature of minutes and records

12(2)   All such minutes and records are hereby declared to be of a public nature and are admissible in evidence by the mere production thereof by the chairman, or by any member of the board, or by any employee thereof authorized by the board to produce them.

No personal liability

13   Neither the chairman of the board nor any officer, member, or employee of the corporation, nor anyone acting under the instructions of any of them or under the authority of this Act or the regulations, is personally liable for any loss or damage suffered by any person by reason of anything in good faith done, caused, permitted, or authorized to be done, or omitted to be done, by him or them, pursuant to, or in exercise of, or supposed exercise of, the powers given by this Act or the regulations.

POWERS

General powers of board

14   The board on behalf of the corporation may perform, execute, and carry out, all the duties, powers, and functions imposed or conferred upon it or upon the corporation by this Act; and for that purpose the board may do all and any acts and things that are necessary for or incidental to the performance, execution, or carrying out, of any such duty, power, or function, including the passing of such by-laws and resolutions as the board may deem advisable.

Powers of board

15(1)   The board, on behalf of the corporation, may

(a) make such by-laws, not contrary to law or this Act, as it deems necessary or advisable for the conduct of the affairs of the corporation, and, without limiting the generality of the foregoing, with respect to the time and place of the calling and holding of all meetings of the board, procedure in all things to be followed at such meetings, and generally with respect to the conduct in all other particulars of the affairs of the corporation, and may repeal, amend, or re-enact them;

(b) appoint and employ such officers and employees of the corporation as the board deems necessary for the transaction of the business of the corporation and prescribe the duties of any such officers and employees and fix their remuneration;

(c) obtain the services of such engineers, accountants, and other professional persons as the board deems necessary for the proper and convenient transaction of the business of the corporation, and fix their remuneration;

(d) make such inquiries and investigations into all or any matters, relating to the development, generation, transmission, distribution, supply, purchase, or use of power, actual or potential, at such times and places and in such manner as seems advisable to the board.

Corporation has powers of a natural person

15(1.1)   In addition to the other powers set forth in this Act and subject to the limitations set forth in this Act, the corporation has the capacity, rights, powers and privileges of a natural person to carry out its purposes and objects and to carry on related business ventures, on such terms and conditions as the board deems proper.

Power to carry out purposes and objects of Act

15(1.2)   Subject to subsection (1.3) and section 15.1, the corporation, or any subsidiary, may

(a) carry out the purposes and objects of this Act; or

(b) carry on related business ventures;

on behalf of the corporation, or the subsidiary, or, by way of a partnership, joint venture or any similar arrangement, with any other person, or by way of a company in which the corporation or a subsidiary owns shares or securities.

Approval of L.G. in C. required where aggregate value exceeds $5,000,000

15(1.3)   The corporation or any subsidiary shall not, without the approval of the Lieutenant Governor in Council,

(a) carry out the purposes and objects of the Act; or

(b) carry on a related business venture;

by way of a partnership, joint venture or any similar arrangement, with any other person, or by way of a company in which the corporation or a subsidiary owns shares or securities, wherein the aggregate value of the investments of the corporation and any subsidiary in, and the obligations of the corporation and any subsidiary to, such partnership, joint venture, company or similar arrangement, with any other person, exceeds $5,000,000.

Powers of corporation

15(2)   The corporation may, for temporary purposes, and with or without the consent of the owner, enter, remain upon, take possession of, and use, any property, real or personal, and erect, make, or place thereon any structure, installation, or excavation, and flood and overflow any land, and accumulate and store water thereon.

Compensation

15(3)   Where the corporation exercises the powers conferred under subsection (2), if it causes damage to the property of, or loss to, any person, it shall pay compensation therefor as in a case to which subsection 24(2) applies.

Transmission access

15(4)   The corporation may enter into agreements, or issue a tariff prescribing terms and conditions and a rate schedule, under which the corporation may provide access to the transmission facilities of the corporation to any person entitled under section 21 to purchase power for resale in Manitoba or to any person for sale or use outside Manitoba.

15(5) and (6)   [Repealed] S.M. 2009, c. 17, s. 3.

S.M. 1997, c. 55, s. 6; S.M. 2002, c. 45, s. 9; S.M. 2009, c. 17, s. 3.

Regulations re electricity reliability

15.0.1(1)   The Lieutenant Governor in Council may make regulations

(a) adopting reliability standards for Manitoba that have been made or recommended by a standards body;

(b) specifying the persons or categories of persons required to comply with the reliability standards, including the corporation;

(c) for the purpose of section 15.0.2, requiring that the corporation not make standards that are less stringent than or not compatible with reliability standards adopted under clause (a);

(d) authorizing a body to monitor compliance with the reliability standards;

(e) requiring persons who violate reliability standards to prepare and implement plans to correct those violations and prevent their recurrence;

(f) in addition to the powers given to the regulator under Part V of The Public Utilities Board Act, authorizing the regulator to resolve specified disputes between a compliance body and persons required to comply with reliability standards, and respecting any related matters;

(g) respecting the payment of fees related to the making or enforcement of the reliability standards and other associated activities of a standards body or compliance body, including

(i) specifying the persons or categories of persons required to pay fees,

(ii) specifying how and to whom fees are to be paid, and

(iii) specifying the consequences for not paying fees;

(h) respecting non-binding guidelines to promote electricity reliability in Manitoba;

(i) respecting any other matter related to electricity reliability that the Lieutenant Governor in Council considers necessary or advisable.

Limits

15.0.1(2)   A reliability standard adopted under subsection (1) may not

(a) have the effect of requiring the construction or enhancement of facilities in Manitoba;

(b) apply to facilities in Manitoba that do not materially affect the regional electricity grid; or

(c) relate to the adequacy of generation resources for Manitoba.

Regulation prevails

15.0.1(3)   If there is a conflict between a regulation made under subsection (1) and an agreement between the corporation and a standards body or compliance body, the regulation prevails.

S.M. 2009, c. 17, s. 4; S.M. 2022, c. 42, s. 4.

Corporation may make standards for reliability

15.0.2   Subject to the regulations, the corporation may make standards for the reliability of the electricity system in Manitoba, which are binding on the persons or categories of persons specified in the standards.

S.M. 2009, c. 17, s. 4.

Corporation may make interconnection rules

15.0.3(1)   The corporation may

(a) make rules, set terms and conditions, or issue directions respecting

(i) the interconnection of the works of others with the corporation's works, and

(ii) the operation of the works of others that are interconnected with the corporation's works; and

(b) carry out studies to evaluate the effects of a proposed interconnection.

Interconnection rules may include reliability standards

15.0.3(2)   The rules, terms and conditions, or directions under subsection (1) may include a requirement that persons whose works are interconnected with the corporation's works must comply with

(a) reliability standards adopted under subsection 15.0.1(1); and

(b) standards for reliability made by the corporation under section 15.0.2.

S.M. 2009, c. 17, s. 4.

Inspection power of compliance body

15.0.4(1)   A person authorized by a compliance body may, at any reasonable time and where reasonably required for a purpose relating to monitoring compliance with reliability standards adopted under subsection 15.0.1(1),

(a) enter land or premises and carry out an inspection, audit or investigation; and

(b) require any person to produce any relevant record for inspection or copying.

Inspection power of corporation

15.0.4(2)   A person authorized by the corporation may, at any reasonable time, and where reasonably required for a purpose relating to monitoring compliance with standards for reliability made by the corporation under section 15.0.2 or rules, terms and conditions, or directions made under subsection 15.0.3(1),

(a) enter land or premises and carry out an inspection, audit or investigation; and

(b) require any person to produce any relevant record for inspection or copying.

Identification

15.0.4(3)   A person authorized to perform a function under subsection (1) or (2) (in this section referred to as an "inspection") must show identification if requested to do so in the context of the inspection.

Records

15.0.4(4)   A person authorized to make an inspection may

(a) use equipment at the place of inspection to make copies of relevant records, or remove the records to make copies and return the original records to the person or place from which they were removed; and

(b) in the case of records maintained electronically at the place of inspection, require the owner or person in charge of the place or records to produce the records in the form of a printout or in an electronically readable format.

Entry with warrant

15.0.4(5)   If a justice is satisfied by information under oath that

(a) a person authorized to make an inspection has been refused entry to land or premises to carry out an inspection under this section; or

(b) there are reasonable grounds to believe that a person authorized to make an inspection will be refused entry to land or premises to carry out an inspection under this section;

the justice may issue a warrant permitting a person authorized by the compliance body or the corporation, as the case may be, to enter the land or premises to carry out the inspection.

S.M. 2009, c. 17, s. 4.

When corporation may enforce rules, etc.

15.0.5(1)   In addition to any other legal remedy available to it, the corporation may take one or more of the actions described in subsection (2) if

(a) a person does not comply with the rules, terms and conditions, or directions made under subsection 15.0.3(1); or

(b) the corporation is satisfied that the interconnection of a person's works with the corporation's works could negatively impact power quality or the security or reliability of the supply of power.

Enforcement actions

15.0.5(2)   The corporation may take the following actions under subsection (1):

(a) refuse to connect the person's works with the corporation's works;

(b) disconnect the person's works from the corporation's works;

(c) refuse to supply, or limit the supply of, electricity to the person;

(d) refuse to provide, or limit the provision of, electricity transmission service to the person.

S.M. 2009, c. 17, s. 4.

Definitions

15.1(1)   In this section,

"joint enterprise" means

(a) a partnership, joint venture or similar arrangement, or

(b) a company, other than the corporation or a subsidiary,

in which the corporation or a subsidiary has an interest and which owns or operates a major facility or business; (« coentreprise »)

"major facility or business" means

(a) a major facility in Manitoba for generating, transmitting or distributing power, and

(b) the business of generating, transmitting or distributing power in Manitoba or of supplying fuel in Manitoba. (« installation ou entreprise importante »)

No sale by corporation or subsidiary

15.1(2)   Neither the corporation nor a subsidiary shall

(a) sell, lease or otherwise dispose of, except to the corporation or a subsidiary, all or any part of its interest in a major facility or business;

(b) sell or otherwise dispose of, except to the corporation or a subsidiary, any of its shares of a subsidiary that owns or operates a major facility or business or has acquired an interest in a joint enterprise pursuant to subsection 15(1.2); or

(c) sell or otherwise dispose of all or a substantial part of an interest acquired in a joint enterprise pursuant to subsection 15(1.2).

No issue of shares by subsidiary

15.1(3)   No subsidiary that owns or operates a major facility or business or has acquired an interest in a joint enterprise pursuant to subsection 15(1.2) shall issue, except to the corporation or another subsidiary, any shares of its capital stock.

No sale of major facility or business acquired under 1997 amendments

15.1(4)   No joint enterprise in which the corporation or a subsidiary has acquired an interest pursuant to subsection 15(1.2) shall sell, lease or otherwise dispose of, except to the corporation or a subsidiary, all or a substantial part of its interest in a major facility or business.

No guarantee by corporation or subsidiary

15.1(5)   Neither the corporation nor a subsidiary shall guarantee the borrowings or obligations of any person, except that the corporation or a subsidiary may, with the approval of the Lieutenant Governor in Council, guarantee the borrowings or obligations of a subsidiary.

S.M. 1997, c. 55, s. 6; S.M. 2001, c. 3, s. 2; S.M. 2011, c. 35, s. 21.

Retail supply of power

15.2(1)   Subject to the regulations, no person other than the corporation shall engage in the retail supply of power in Manitoba.

Exceptions — behind-the-meter, off-grid or experimental

15.2(2)   The Lieutenant Governor in Council may make regulations

(a) authorizing, or enabling the corporation to authorize, a person to be engaged in the retail supply of power in circumstances where the power

(i) is being used to recharge electric vehicles at public charging stations, or

(ii) is being distributed on the property of a landlord, condominium corporation or housing cooperative for use by tenants, occupants or other users of the property;

(b) authorizing the retail supply of power by persons other than the corporation in circumstances where

(i) the supply or distribution of power does not involve an interconnection with the corporation's transmission or distribution system, and

(ii) the power is generated from a clean, renewable source of energy or for research or experimental purposes;

(c) establishing terms or conditions under which a person other than the corporation may engage in the retail supply of power pursuant to a regulation made under this subsection.

S.M. 1997, c. 55, s. 6; S.M. 2002, c. 45, s. 9; S.M. 2022, c. 42, s. 5.

No privatization without referendum

15.3(1)   The government shall not present to the Legislative Assembly a bill to authorize or effect a privatization of the corporation unless the government first puts the question of the advisability of the privatization to the voters of Manitoba in a referendum, and the privatization is approved by a majority of the votes cast in the referendum.

Procedures for referendum

15.3(2)   A referendum under this section shall be conducted and managed by the Chief Electoral Officer in the same manner, to the extent possible, as a general election under The Elections Act, and the provisions of that Act apply with necessary modifications to such a referendum.

Question to be put to voters

15.3(3)   The question to be put to voters in a referendum under this section shall be determined by order of the Lieutenant Governor in Council at the commencement of the referendum process.

Regulations re procedures

15.3(4)   The Lieutenant Governor in Council may make any regulations that the Lieutenant Governor in Council considers necessary respecting the referendum process to give effect to this section, including, without limitation, regulations

(a) governing the preparation of a voters list;

(b) governing the expenses that may be incurred and the contributions that may be made, and by whom, in connection with a referendum, including placing limits on such expenses and contributions and establishing registration and reporting requirements for persons or organizations who make such contributions or incur such expenses;

(c) where greater certainty is required, modifying to the extent necessary the provisions of The Elections Act to make them applicable to the requirements of a referendum.

Costs of referendum

15.3(5)   The costs of conducting a referendum under this section shall be paid from the Consolidated Fund.

S.M. 2001, c. 3, s. 3.

Capitalization of balance owing to City of Winnipeg

15.3.1   If the Legislative Assembly enacts a bill to authorize or effect a privatization of the corporation, the stream of annual payments comprising the unpaid balance of the purchase price for Winnipeg Hydro shall be capitalized and paid in the manner set out in the purchase agreement between The City of Winnipeg and the corporation dated June 26, 2002, or in any other manner agreed to by them and approved by the Lieutenant Governor in Council.

S.M. 2002, c. 45, s. 9.

Amendment or repeal

15.4(1)   Any bill introduced in the Legislative Assembly to amend, repeal, override or suspend the operation of this section or section 15.1 or 15.3 shall be referred at the committee stage to a standing committee of the Legislative Assembly which provides the opportunity for representations by members of the public.

Requirements re hearings

15.4(2)   The standing committee referred to in subsection (1) shall not meet to review the bill until seven days after the later of

(a) the day the bill is distributed in the Legislative Assembly; and

(b) the day the public is given notice of the date, time and place of the meeting.

S.M. 2001, c. 3, s. 3.

Powers of corporation with approval of L.G. in C.

16(1)   With the approval of the Lieutenant Governor in Council the corporation may

(a) acquire by purchase, lease, licence, or otherwise

(i) any power project, power site, and power plant;

(ii) that part of the undertaking, property, and assets (including works) of any person, relating to, or used in, the generation, distribution, or supply of power;

(b) without the consent of the owner or persons interested therein, acquire, take, and expropriate land, including the right of entry to install, maintain and protect works and the right to impose restrictions on the use of any land, notwithstanding that the land which is subject to the restriction is not, or may not be, appurtenant or annexed to any land of the corporation;

(c) require any person generating, transmitting, distributing, or supplying power, to supply such power to the corporation as the board may from time to time require or designate;

(d) within such territorial or other limits as the Lieutenant Governor in Council may from time to time prescribe, control and regulate the development, generation, transmission, distribution, and supply, of power in Manitoba, and, for any of those purposes, control and regulate the flow of, and right to use for the generation of power, or any purpose connected therewith, the water in any lake, river, or watercourse, or other body of water in Manitoba, and the taking, diversion, storage, or pondage of any such water;

(e) acquire by purchase, lease, licence or otherwise

(i) any real property outside Manitoba and erect, construct, maintain and operate, upon the real property so acquired, any works, or

(ii) interconnection works and maintain and operate the interconnection works so acquired;

(f) enter into an agreement with Her Majesty in right of Canada or of any province, or with any commission or minister of the Government of Canada, or of any province, or with any state of the United States or any officer or representative thereof, or with any person interested in or affected by any interconnection works, as to the terms and conditions upon which the interconnection works and the works carried out thereon shall be carried on or exercised;

(g) enter into an agreement to acquire power generated by any person other than the corporation;

(h) enter into an agreement to supply power to, or trade power with, a person outside Manitoba;

(i) sell, lease or otherwise dispose of any property of the corporation to a subsidiary or make any other investment in, or incur any obligation to, a subsidiary, where the aggregate value of the property, investments and obligations to the subsidiary exceeds $5,000,000.;

(i.1) develop a major new facility for generating or transmitting power;

(i.2) develop a new power generating station that is not a major new facility;

(j) enter into agreements and do all things proper or necessary for the due exercise of the powers mentioned in this section.

When approval not required

16(2)   Despite subsection (1), the corporation does not require the Lieutenant Governor in Council's approval

(a) to acquire real property outside Manitoba if its purchase price is less than $5,000,000; or

(b) to enter into an agreement to acquire power

(i) from a person who generates power primarily for their own use and provides excess power to the corporation, or

(ii) if the total cost of the power to be acquired over the term of the agreement and the term of any renewal of the agreement is expected to be less than $5,000,000.

Public review before approval of major new facility

16(3)   Before approving the development of a major new facility for generating or transmitting power, or of any physical component of such a facility, the Lieutenant Governor in Council must refer the proposed development to the regulator for its review and recommendations regarding the need for, or alternatives to, the proposed development.

Public review before major power purchase or export contract

16(4)   Before approving a major power purchase or export contract, the Lieutenant Governor in Council must refer the contract or proposed contract to the regulator for its review and recommendations.

Major facilities and contracts described

16(5)   For the purposes of this section,

(a) a major new facility for generating or transmitting power is

(i) a new power generating station with a peak capacity of at least 200 megawatts of power, or

(ii) a new transmission line for transmitting electricity at a voltage higher than 230 kV,

that will require an investment by the corporation of $200,000,000 or more; and

(b) a major power purchase or export contract is

(i) a long-term contract to purchase power from a Manitoba producer at a cost of $200,000,000 or more over the term of the contract, including the term of any renewal of the contract, or

(ii) a long-term export contract that would require the development of, or advance the need for, a major new facility for the generation or transmission of power.

For this purpose, a contract is a long-term contract if its term, including the term of any optional renewal, is at least five years.

Public review considerations

16(6)   As part of its review of a matter referred to the regulator under this section, the regulator must consider and provide advice to the Lieutenant Governor in Council about

(a) the potential impact of the proposed facility or contract on rates for power; and

(b) the corporation's ability to achieve or maintain the financial targets established by or under section 39.1.

S.M. 1997, c. 55, s. 7; S.M. 2022, c. 42, s. 6.

Definitions

16.0.1(1)   The following definitions apply in this section.

"planning costs" means the capital costs of the planning, design work, studies and consultations required to prepare a reliable budget for a major new facility and a plan for referral to the regulator under subsection 16(3). (« coûts de planification »)

"preliminary estimate" means a preliminary estimate of the cost of a major new facility that includes

(a) a description of the basis for the estimate and the corporation's level of confidence in the estimate;

(b) a statement and description of the related planning costs; and

(c) a statement and description of the costs already incurred in relation to the facility. (« estimation préliminaire »)

Restriction on planning costs

16.0.1(2)   The corporation must not incur, and the corporation's annual business plan under The Crown Corporations Governance and Accountability Act must not include, planning costs in relation to a major new facility, other than expenditures required to prepare for a review of the preliminary estimate under subsection (3), unless

(a) the regulator has reviewed and made recommendations regarding the preliminary estimate; and

(b) the business plan includes a copy of the regulator's comments and recommendations.

Review of preliminary estimate

16.0.1(3)   The regulator may review and make recommendations regarding a preliminary estimate as part of its review of rates for a rate period under section 39 or, on the application of the corporation, as a separate review process.

Scope of review

16.0.1(4)   Subsection 16(6) applies to a review under subsection (3) but, recognizing that the development of a major new facility must be referred to the regulator before it is approved by the Lieutenant Governor in Council, the scope of the review is limited to the preliminary estimate.

S.M. 2022, c. 42, s. 7.

Subsidiaries

16.1(1)   A subsidiary has the capacity, and subject to this Act and to the applicable laws of the jurisdictions in which the subsidiary carries on business, the rights, powers and privileges of a natural person.

L.G. in C. may limit rights, powers and obligations of subsidiaries

16.1(2)   In the case of a subsidiary that carries on business outside Manitoba, the Lieutenant Governor in Council may, for the purposes of enabling the subsidiary to comply with the regulatory requirements of the jurisdiction in which it carries on business, specify the rights, powers and obligations of the corporation or a subsidiary set out in this Act which shall not apply to the subsidiary.

L.G. in C. to approve loans

16.1(3)   A subsidiary shall not raise money by way of loan, on the credit of the subsidiary or otherwise, from any person other than the corporation, without the approval of the Lieutenant Governor in Council.

L.G. in C. approval required

16.1(4)   A subsidiary shall not carry on an activity for which the corporation is required to obtain the approval of the Lieutenant Governor in Council without obtaining the approval of the Lieutenant Governor in Council.

Rights of board re subsidiaries

16.1(5)   The board shall exercise all of the rights of a holder of shares or securities with respect to any subsidiary or any company of which it holds shares or securities, including the right to elect directors, as it deems proper.

S.M. 1997, c. 55, s. 8.

Separation of functions

16.2   Any rules and procedures for the separation of functions which the board has established for the purposes of pursuing opportunities to purchase and sell power within and outside Manitoba may be adopted, by regulation, by the Lieutenant Governor in Council, and upon such adoption such rules and procedures shall have the force of law.

S.M. 1997, c. 55, s. 8.

Adoption of codes and standards

16.3(1)   For the purposes of pursuing opportunities to purchase and sell power within and outside Manitoba, the board may, subject to the approval of the Lieutenant Governor in Council,

(a) adopt, in whole or in part, any standards, rules, terms, conditions, guidelines or schedules, which are related to the planning, design or operation of generation or transmission facilities within an integrated regional power grid, established by an industry organization, regional transmission group, regulatory body or other association or group or any other person;

(b) prescribe variations in, additions to or deletions from any standards, rules, terms, conditions, guidelines or schedules adopted under clause (a);

notwithstanding that the adoption of such standards, rules, terms, conditions, guidelines or schedules may constitute the delegation of powers or duties of the corporation to carry out or carry on certain functions to any other person.

Effect of adoption

16.3(2)   The adoption of any standards, rules, terms, conditions, guidelines or schedules under clause (1)(a), in whole or in part and either in existing form or as altered under clause (1)(b), is deemed, on the approval of the board, to be an adoption of

(a) any subsequent amendment made to the standards, rules, terms, conditions, guidelines or schedules; and

(b) any new standards, rules, terms, conditions, guidelines or schedules subsequently substituted by an industry organization, regional transmission group, regulatory body or other association or group or any other person, for the standards, rules, terms, conditions, guidelines or schedules, and any new standards, rules, terms, conditions, guidelines or schedules so substituted are deemed to be subject to such alterations, with such modifications as the circumstances require, as may have been made in the adopted standards, rules, terms, conditions, guidelines or schedules under clause (1)(b).

S.M. 1997, c. 55, s. 8; S.M. 2009, c. 17, s. 5.

17   [Repealed]

S.M. 1994, c. 3, s. 12.

EXPROPRIATION

Application of Expropriation Act

18   Any exercise by the corporation, with the approval of the Lieutenant Governor in Council, of the power conferred upon the corporation to acquire, take, and expropriate any land, including the right of entry to install, maintain and protect works and the right to impose restrictions on the use of any land notwithstanding that the land which is subject to the restriction is not, or may not be, appurtenant or annexed to any land of the corporation, without the consent of the owner or persons interested therein, shall be conclusively deemed an acquisition and expropriation by Her Majesty of land required for a public work or public purpose of the government and The Expropriation Act applies, with such modifications as the circumstances require, to any such expropriation; and in respect of any such expropriation the board has the powers conferred upon, and shall discharge the obligations imposed upon, the minister under The Expropriation Act, and in any such case the corporation shall be substituted for the Crown.

S.M. 1997, c. 55, s. 9.

CONVEYANCES AND
CERTIFICATES OF TITLE

19   [Repealed]

S.M. 1997, c. 55, s. 10.

Issue of certificate of title

20(1)   A district registrar shall upon the filing of a transmission application, production of the duplicate certificate of title, and payment of the usual fees, issue a certificate of title in the name of the corporation for any real property of the corporation registered in the name of Her Majesty.

Certificate of chairman

20(2)   A district registrar may accept as conclusive the certificate or affidavit of the chairman or vice-chairman of the board, or of any officer of the corporation designated by the chairman or vice-chairman, as to whether any particular parcel of real property registered in the name of Her Majesty is the property of the corporation.

PART II

PROVISIONS RELATING TO
DISTRIBUTION AND SUPPLY
OF POWER

Limitation on supplying of power

21(1)   Notwithstanding any Act of the Legislature, or the charter of any corporation, or any contract or franchise entered into or granted, no person shall supply power in any municipality or in any locality in unorganized territory without first having obtained the approval of the Lieutenant Governor in Council so to do, unless, on June 18, 1940, that person was supplying power in that municipality or locality.

No resumption where supplying of power discontinued

21(2)   Where a person supplying power in a municipality or a locality in unorganized territory on June 18, 1940, subsequently ceases to supply power in that municipality or locality, that person shall not again, nor shall any other person, supply power in that municipality or locality without having first obtained the approval of the Lieutenant Governor in Council so to do.

Section not applicable

21(3)   This section does not apply to the corporation.

Exclusive authority of corporation

22   Except as otherwise provided in this Act, and notwithstanding any provision to the contrary in any Act of the Legislature or in any regulation, rule, or by-law made under any such Act, the corporation has the sole and exclusive jurisdiction, right, and authority, over and with regard to all matters to which this Act applies in any place, locality, area, or territory in which the corporation supplies power to the actual user thereof or in which it is engaged or intends to be engaged in a program of construction with a view to supplying power therein.

S.M. 2022, c. 42, s. 9.

RIGHT TO USE PUBLIC PLACES

Power to make use of highways, etc.

23(1)   The corporation has authority, power, and right, to construct, place, leave in place, and maintain its poles, wires, anchors, conduits, mains, pipes, and equipment anywhere on, under, over, across, or along, any public highway, street, lane, or other public place, notwithstanding any rights or powers given to, or conferred upon, any person or municipality by or under any Act of the Legislature.

Apportionment of costs of removing works

23(2)   Where in the course of improving any public highway, street, lane, or other public place, it becomes necessary to take up, remove, or change the location of any of the works of the corporation constructed or placed on, under, over, across, or along a public highway, street, lane, or other public place, the costs and expenses incurred thereby shall be apportioned between the corporation and the municipality or other authority making the improvement, in such manner as they may agree upon or, in the case of disagreement, shall be apportioned in the manner determined by the regulator.

Rights of corporation where highway, etc., closed

23(3)   Where any public highway, street, lane, or other public place, or any part thereof, on, under, over, across, or along which any works of the corporation have been constructed or placed is closed by Her Majesty or by any municipality or other authority, the corporation may leave its works in place and has the same rights with respect thereto as though the public highway, street, lane, or other public place, or part thereof, had not been closed.

Liability for projection of equipment, etc.

23(4)   Where any wires, anchors, cross arms, or equipment attached to poles of the corporation on, under, over, across, or along any public highway, street, lane or other public place, project over land adjoining the public highway, street, lane, or other public place, the corporation is liable only for actual physical damage, if any, caused thereby.

S.M. 2002, c. 45, s. 9; S.M. 2022, c. 42, s. 10.

POWER OF ENTRY

Entry for protection of works

24(1)   The corporation, by its employees or authorized agents, may

(a) enter upon any land or building at any reasonable hour to inspect, repair, alter, or remove property or works of the corporation or to inspect and test any electric wiring or related facilities using or intended to use power supplied by the corporation;

(b) fell, trim, or remove trees, or parts thereof, and remove obstructions from any public highway, street, lane, or other public place, on, under, over, across or along which works of the corporation are situated, or are about to be constructed;

(c) enter upon any land upon either side of a public highway, street, lane, or other public place, or of land upon which works of the corporation are situated and fell, trim, or remove therefrom trees, or parts thereof, or remove any obstructions or any poles, towers, wires, antennae, or signs, that, in the opinion of the corporation, endanger the public or any works of the corporation or constitute a hazard; and

(d) enter upon any land or building to inspect, repair, alter or remove property or works, or take any other action necessary, for the purpose of enforcing the rules, terms and conditions, or directions made by the corporation under subsection 15.0.3(1) (interconnection of works of others with corporation's works).

Compensation for damage

24(2)   Where the corporation causes damage to the property of any person by exercising the powers conferred by this section, the corporation shall pay compensation therefor; and the amount thereof shall be determined in the manner provided in The Expropriation Act, substituting, in every case, the corporation for the minister.

Limitations on liability

24(3)   The corporation is not liable to pay compensation for any trees, or parts thereof, felled, trimmed or removed or for any obstruction removed if the trees, or parts thereof, or obstruction is or are on, under, over, across, or along a public highway, street, lane, or other public place.

Offence and penalty

24(4)   Any person who refuses to permit an authorized agent or employee of the corporation to enter any land or building for any of the purposes mentioned in subsection (1) or who obstructs any such agent or employee in the execution of his duties, is guilty of an offence and is liable, on summary conviction, to a fine of $50., and in default of payment thereof, to imprisonment for a term not exceeding one month.

S.M. 2009, c. 17, s. 6.

WIRING PERMITS AND INSPECTIONS

Powers respecting wiring

25(1)   The corporation may

(a) require that no electric wiring shall be done in any area unless a wiring permit for the wiring has first been issued by the corporation;

(b) require that plans and specifications in respect of any electric wiring or related facilities using, or intended to use, power be submitted to it;

(c) provide for the issuance of wiring permits and for the inspection, testing, and approval of electric wiring and related facilities using, or intended to use, power;

(d) prohibit the use of electric wiring and related facilities using, or intended to use, power until they have been inspected, tested, and approved;

(e) prescribe the amount and manner of payment of, and collect, the fees to be paid for wiring permits and for inspecting, testing, and approving electric wiring and related facilities using, or intended to use, power;

(f) prescribe the terms and conditions upon and subject to which a wiring permit or certificate of approval will be issued, suspended, or revoked;

(g) direct the installation, alteration, repair, protection, or connection of any electric wiring and related facilities using, or intended to use, power, to the extent that the corporation may deem necessary or desirable for the safety or protection of persons or property; and

(h) disconnect or cause to be disconnected from the power source, or prohibit the use of, any electric wiring and related facilities using, or intended to use, power, that are deemed by the corporation to constitute a hazard to persons or property.

Prohibition on reconnection

25(2)   Any electric wiring and related facilities using, or intended to use, power that have been disconnected or caused to be disconnected, or the use of which has been prohibited by the corporation as provided in clause (1)(h), shall not again be connected with the power source or used except with the approval of the corporation.

Final approval of wiring

25(3)   Notwithstanding that a wiring permit has been issued for any electric wiring to which reference is made in subsection (1) and that the plans and specifications therefor may have been approved by the corporation, the person who does the electric wiring, forthwith upon completion thereof, shall apply to the corporation for a final inspection and certificate of approval.

Wiring inspections

25(3.1)   The corporation may dispense with the inspection, testing and approval of electric wiring and related facilities, upon such terms and conditions as may be prescribed by the corporation.

Inspection of wiring

25(4)   A person authorized by the corporation for the purpose may inspect electric wiring and related facilities done or installed under the authority of a wiring permit or by a person licensed as a journeyman under The Electricians' Licence Act, and may issue certificates of approval in respect thereof.

Limitation on liability

25(5)   Notwithstanding

(a) the issue of any permit; or

(b) the making of any inspection or test; or

(c) the issue of a certificate of approval by the corporation or by any of its employees or agents; or

(d) any error or omission in any estimates, plans, or specifications approved, prepared, or furnished by the corporation; or

(e) the failure to issue any permit, make any inspection or test or issue any approval;

nothing in this Act or in the regulations renders the government, the corporation or any officer or employee of the corporation or member of the board, liable for any injury, loss, or damage caused to any person or property by reason of defects in any electric wiring and related facilities using, or intended to use, power other than electric wiring and related facilities belonging to the corporation.

Limitation on application of subsections (1), (3) and (4)

25(6)   Subsection (1), other than clauses (g) and (h) thereof, and subsections (3) and (4) do not apply to users of power or to electric wiring and related facilities situated within the City of Winnipeg and subsections (1), (3), and (4) do not apply to users of power situated outside that area to whom the corporation does not supply power.

S.M. 1997, c. 55, s. 11.

ASSISTANCE TO CUSTOMERS

Assistance by corporation

26   Without securing any licence or other authority that may be prescribed, or required, under any Act of the Legislature or under any by-law, rule, or regulation made under any such Act, the corporation may

(a) undertake and carry out for and on behalf of any user or potential user of power supplied, or intended to be supplied, by the corporation, or assist in any manner any such user or potential user to undertake and carry out, on such terms and conditions as the corporation may approve, the installation of electric wiring and related facilities using or intended to use power, and the preparation of plans, specifications, and estimates relating thereto, with a view to improving the usefulness, efficiency, or safety of the power supplied, or to be supplied, by the corporation to such user or potential user;

(b) render engineering or other services to any user or potential user of power supplied by the corporation;

and charge and collect from any such user or potential user the cost of any such work done, services rendered, or assistance given, for or to him or on his behalf.

COLLECTION OF ACCOUNTS

Methods of enforcing payments of accounts

27(1)   The corporation may realize upon any of the assets of a person indebted to the corporation for services rendered or power supplied to a customer by the corporation by demand, suit or other lawful means, including, without limitation, distress and sale of goods and chattels of the debtor in the same manner, and to the same extent, and with the same rights and priorities, as a landlord may enforce the collection of rent in arrear; and the rights of the corporation have priority over a claim of a landlord.

When power supplied

27(2)   For the purpose of this section, power shall be conclusively deemed to be supplied to a customer not only when it is actually used by the customer but when it is made available or held in reserve for the customer by the corporation.

Remedies for non-payment

27(3)   For greater certainty, subsections 29(1) and (2), sections 35, 36, 37, 39, 40, 41 and 42, subsection 43(4), sections 44 and 45, subsection 46(1) and sections 48, 50 and  51 of The Landlord and Tenant Act apply, with necessary modifications, to a distress and sale by the corporation under subsection (1).

S.M. 1997, c. 55, s. 12.

REGULATIONS

Regulations as to supply of power

28(1)   The board may, by regulation, prescribe

(a) the terms, and conditions upon and subject to which the corporation will supply power to the users of the power supplied by it;

(b) the standards governing the construction, installation, maintenance, repair, extension, alteration, and use of electric wiring and related facilities using or intended to use power supplied by the corporation;

(c) such other conditions relating to the supply of power to users of that power, not inconsistent with this Act, as the corporation deems necessary for the proper carrying out of this Act and for the efficient administration thereof.

Adoption of codes, etc.

28(2)   The board may, by regulation, adopt and constitute as regulations with respect to matters mentioned in clause (1)(b)

(a) any relevant codes, rules, or standards prepared and published by the Canadian Standards Association or any similar association; or

(b) any such codes, rules, or standards with the exception of any specified provisions thereof or with or without modification or amendment; or

(c) any specified provisions of any such codes, rules, or standards.

Statutes and Regulations Act applies

28(3)   The Statutes and Regulations Act applies to a regulation made under this section.

Certain regulations not to apply in Winnipeg

28(4)   Regulations prescribed under clause (1)(b) do not apply within The City of Winnipeg.

S.M. 2013, c. 39, Sch. A, s. 62.

PART III

GENERAL
REVENUE AND BORROWING

Collection of revenues

29   The income and revenue arising from the operation of the corporation, whether from the sale of power or otherwise, shall be collected by the corporation.

Limitation on borrowing authority

29.1   The corporation's authority to borrow or raise money under this Part is subject to section 49 of The Financial Administration Act.

S.M. 2022, c. 14, s. 25.

Authority for temporary borrowing

30(1)   With the approval of the Lieutenant Governor in Council, the corporation may, from time to time, borrow or raise money for temporary purposes by way of overdraft, line of credit, or loan, or otherwise upon the credit of the corporation in such amounts, upon such terms, for such periods, and upon such other conditions, as the corporation may determine.

Guarantee

30(2)   The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal and interest on any borrowings of the corporation under this section.

Minister of Finance's approval

30(3)   Where the corporation borrows or raises money under this section, otherwise than

(a) by way of overdraft with a bank; or

(b) by sale of its short term notes to a bank in lieu of borrowing by overdraft;

it shall do so only with the prior approval of the Minister of Finance, who, at the request of the corporation, may act as its agent in that behalf.

S.M. 1992, c. 8, s. 2; S.M. 2020, c. 3, s. 2; S.M. 2022, c. 14, s. 25.

Temporary advances by government

31   To the extent permitted by any Act of the Legislature the Lieutenant Governor in Council, on the recommendation of the Minister of Finance, may authorize the Minister of Finance to advance moneys to the corporation for its temporary purposes out of the Consolidated Fund; and every such advance shall be repaid by the corporation to the Minister of Finance at such times, and on such terms, as the Lieutenant Governor in Council may direct, together with interest thereon at such rate per annum as may be approved by the Lieutenant Governor in Council at the time of the making of the advance and from time to time.

Loans by government

32(1)   To the extent permitted by any Act of the Legislature the Lieutenant Governor in Council may authorize the raising by way of loan, in the manner provided in The Financial Administration Act, of such sums as the Lieutenant Governor in Council may deem requisite for any of the purposes of the corporation under this Act; and any such sums may be advanced to, and paid over by the Minister of Finance to, the corporation, and shall be repaid by it to the Minister of Finance at such times and on such terms as the Lieutenant Governor in Council may direct, together with interest thereon as provided in subsection (2).

Fixing of rate of interest

32(2)   Where an advance is made to the corporation under subsection (1), the Lieutenant Governor in Council shall, by order in council at the time of making the advance, fix the rate of interest that shall be paid by the corporation on the sums so advanced, or on the balance thereof remaining from time to time outstanding and not repaid, during such period as is stated in the order; and after the expiry of that period the Minister of Finance shall, by an order in writing, fix, and alter from time to time, as may be required, the rate of interest that shall be paid by the corporation on the sums so advanced, or on the balance thereof as aforesaid, during any one or more subsequent periods that may be stated in any such order.

S.M. 2022, c. 14, s. 25.

Power of corporation to borrow and to issue securities

33(1)   Subject to the approval of the Lieutenant Governor in Council, and to subsection (2), the corporation may

(a) raise money by way of loan on the credit of the corporation;

(b) limit or increase the amount to be raised;

(c) issue notes, bonds, debentures, or other securities of the corporation;

for the purposes of the corporation or for any related business venture; and, through the Minister of Finance, who shall be its agent in that behalf, it may

(d) sell or otherwise dispose of the notes, bonds, debentures, or securities, for such sums, and at such prices, as are deemed expedient;

(e) raise money by way of loan on any such securities;

(f) pledge or hypothecate any such securities as collateral security; and

(g) do any of those things.

Limitation on borrowing powers

33(2)   The powers conferred on the corporation under subsection (1) may be exercised only

(a) for the repayment of any expenditure made, or that may be made, by the government for the purposes provided for in this Act or for any related business venture, or for the repayment, refunding, or renewal, of the whole or part of any loan or advance made by the government to the corporation or of notes, bonds, debentures, or other securities issued by the corporation; or

(b) in cases to which clause (a) does not apply, only to the extent permitted by this Act or any other Act of the Legislature.

Reissue of pledged securities

33(3)   Where securities have been pledged or hypothecated by the corporation as security for a loan and the loan has been paid off, the securities are not thereby extinguished, but are still alive, and may be reissued and sold or pledged as if the former pledging had not taken place.

Form of securities

33(4)   The notes, bonds, debentures, and other securities the issue of which is authorized by subsection (1) shall be in such form, and shall bear such rates of interest, and shall be payable as to principal, interest, and premium, if any, at such times and places, in the currencies of such countries, in such amounts, and in such manner in all respects, as the Lieutenant Governor in Council may determine.

Form of securities

33(5)   The notes, bonds, debentures, and other securities authorized by subsection (1) shall bear the seal of the corporation which may be impressed thereon or may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon, and, together with any coupons attached thereto, shall bear the manual, engraved, lithographed, printed, or otherwise mechanically reproduced signatures of the chairman and of any one officer of the corporation appointed by the board for that purpose; and any such mechanically reproduced seal and signatures are, for all purposes, valid and binding upon the corporation if the note, bond, debenture, or other security bearing it, or to which the coupon bearing it is attached, is countersigned by an officer appointed by the corporation for that purpose, notwithstanding that the person whose signature is so reproduced may not have held office at the date of the notes, bonds, debentures, or other securities or at the date of the delivery thereof and notwithstanding that the person who holds any such office at the time when any such signature is affixed is not the person who holds that office at the date of the notes, bonds, debentures, or other securities or at the date of the delivery thereof.

Proof that issue of securities is necessary

33(6)   A recital or declaration, in the resolution or minutes of the board authorizing the issue or sale of notes, bonds, debentures, or other securities, to the effect that the amount of notes, bonds, debentures, or other securities so authorized is necessary to realize the net sum authorized or required to be raised by way of loan, is conclusive evidence of that fact.

S.M. 1997, c. 55, s. 13; S.M. 2011, c. 35, s. 21.

Power of government to guarantee

34(1)   The government may, on such terms as may be approved by the Lieutenant Governor in Council, guarantee the payment of the principal, interest, and premium, if any, of any notes, bonds, debentures, and other securities issued by the corporation; and the form and manner of any such guarantee shall be such as the Lieutenant Governor in Council may approve.

Signing of guarantees

34(2)   The guarantee shall be signed by the Minister of Finance, or such other officer or officers as may be designated by the Lieutenant Governor in Council; and, upon being signed, the government is liable for the payment of the principal, interest, and premium, if any, of the notes, bonds, debentures, and securities guaranteed, according to the tenor thereof.

Discharge of liability under guarantee

34(3)   In a case to which subsections (1) and (2) apply, the Lieutenant Governor in Council may discharge the liability resulting from the guarantee out of the Consolidated Fund, or out of the proceeds of securities of the government issued and sold for the purpose; and, in the hands of a holder of any such notes, bonds, debentures, or securities of the corporation, a guarantee so signed is conclusive evidence that compliance has been made with this section.

Signature of Minister of Finance, etc.

34(4)   The signature of the Minister of Finance or of any such officer or officers for which provision is made in subsection (2) may be engraved, lithographed, printed, or otherwise mechanically reproduced, and the mechanically reproduced signature of any such person shall be conclusively deemed, for all purposes, the signature of that person and is binding upon the Government of Manitoba notwithstanding that the person whose signature is so reproduced may not have held office at the date of the notes, bonds, debentures, or other securities or at the date of the delivery thereof and notwithstanding that the person who holds any such office at the time when any such signature is affixed is not the person who holds that office at the date of the notes, bonds, debentures, or other securities or at the date of the delivery thereof.

Authority to raise loans in other currencies or in units of monetary value

35   Where this Act, or any other Act, authorizes the corporation to borrow or raise by way of loan a specific or maximum number of dollars by the issue and sale of notes, bonds, debentures, or other securities, it authorizes the borrowing, or raising by way of loan in whole or in part, of the same number of dollars of the currency of the United States; and if the amount of the loan is raised, in whole or in part, by the issue and sale of notes, bonds, debentures, or other securities payable in the currency of any country other than Canada or the United States or in units of monetary value, the Act authorizes the raising of an equivalent amount in that other currency or in units of monetary value calculated in accordance with the nominal rate of exchange between the Canadian dollar or the unit of monetary value, as the case may be, and the currency concerned on the business day next preceding the day on which the corporation authorizes the issue of the notes, bonds, debentures, or other securities, as that nominal rate is determined by any bank in Canada.

BANKING AND ACCOUNTS

36   [Repealed]

S.M. 1997, c. 55, s. 14.

Accounting records

37(1)   The board shall establish and maintain adequate accounting records for the corporation, which shall include consolidated financial statements for the corporation and all of its subsidiaries, if any.

Funds and expenditures

37(2)   Except in the case of trust funds, all funds whether from income and revenue, borrowings, advances from the government, or otherwise, coming into the hands of the corporation form one fund from which the corporation may make any and all expenditures necessary or expedient for the purposes and objects of the corporation.

Funds and expenditures, subsidiaries

37(2.1)   Except in the case of trust funds, all funds, whether from income and revenue, borrowings, advances from the corporation or otherwise, coming into the hands of a subsidiary form one fund from which the subsidiary may make any and all expenditures necessary or expedient for its purposes and objects, and revenues of the subsidiary shall transfer to the corporation to be included in the fund formed in subsection (2) on terms and conditions prescribed by the board.

Contents of accounting records

37(3)   The accounting records of the corporation shall be so established and maintained as to make capable of ascertainment such financial data and information as may be required to enable the corporation to perform or implement the provisions of any agreement that

(a) has been made between the corporation and any person engaged in Manitoba in the generation, transmission, or distribution of power;

(b) provides for the interconnection of two or more electrical systems, or parts thereof; and

(c) has been assumed by the corporation or the responsibility for the performance or implementation of which is an obligation of the corporation.

Fiscal year

37(4)   The fiscal year of the corporation ends on March 31.

S.M. 1997, c. 55, s. 15.

PURCHASE OF POWER

Price of power requisitioned

38(1)   The price to be paid by the corporation for power supplied to it on its requisition pursuant to clause 16(c) shall be computed by the board at the amount of the actual cost of producing it, including a reasonable allowance for employed capital; and the prices so paid shall not necessarily be the same as between different suppliers.

Review by regulator

38(2)   Any person required by the board to supply power to the corporation may apply to the regulator to review the price computed under subsection (1) for power supplied to the corporation.

S.M. 2022, c. 42, s. 11.

INTEGRATED RESOURCE PLAN

Integrated resource plan

38.1(1)   The corporation must prepare and submit to the minister in accordance with this section and the regulations, for approval by the Lieutenant Governor in Council, an integrated resource plan that covers a planning period of at least 10 years and includes the following:

(a) the corporation's load forecast for the planning period;

(b) the anticipated impact on load of the savings targets to be achieved under an approved efficiency plan under The Efficiency Manitoba Act;

(c) supply-side options considered by the corporation and those it has chosen or recommends for implementation;

(d) if the plan includes the development of a major new facility during the planning period or within the next 10 years, a report on the status of any review required by section 16 or 16.0.1 in relation to that development or of any planning for such a review;

(e) any key assumptions relied on by the corporation in developing the plan;

(f) a description of the stakeholder consultations carried out by the corporation in developing the plan;

(g) any other information the corporation considers relevant or is required by regulation.

Development of plan

38.1(2)   The integrated resource plan must be developed in keeping with the purposes and objects of this Act

(a) taking into account

(i) any relevant mandate letter or directive issued to the corporation under The Crown Corporations Governance and Accountability Act,

(ii) any relevant regulations made or directives issued under The Financial Administration Act,

(iii) the government's published energy and environmental policies, and

(iv) the socio-economic impacts of implementing the plan; and

(b) in accordance with sound principles of risk management and economic and environmental sustainability.

Minister may request changes

38.1(3)   The minister may request the corporation to make changes to the integrated resource plan at any time before it is approved by the Lieutenant Governor in Council.

Plan may be referred to regulator

38.1(4)   The Lieutenant Governor in Council may refer the integrated resource plan to the regulator for its review and recommendations before approving the plan.

Plan to be updated in accordance with regulations

38.1(5)   The corporation must update its integrated resource plan in accordance with the regulations. Subsections (1) to (4) apply to each update.

Effect of plan approval

38.1(6)   The Lieutenant Governor in Council's approval of the plan or update must not be construed as an approval of the development of a major new facility, or of any expenditures to be incurred for such a development.

Integrated resource plan to be published

38.1(7)   After an integrated resource plan or a plan update is approved by the Lieutenant Governor in Council, the corporation must publish the plan or updated plan, as the case may be, on its website.

Regulations re integrated resource plans

38.1(8)   The Lieutenant Governor in Council may make regulations respecting integrated resource plans, including regulations respecting the form or content of a plan or an update to a plan, when the first plan is to be submitted to the minister and the timing and frequency of plan updates.

S.M. 2022, c. 42, s. 12.

ELECTRICITY RATES

Definitions

39(1)   The following definitions apply in this section and sections 39.1 to 39.6.

"debt-to-capitalization ratio" means the ratio of the portion of the corporation's assets financed by debt to the corporation's total assets, expressed as a percentage and determined in accordance with the regulations. (« ratio d'endettement »)

"rate" means an amount that may be charged for the provision of power by the corporation, or a formula, method or procedure for determining such an amount, but does not include a capital recovery fee or contribution payable by a customer to offset or recover capital expenditures incurred by the corporation to extend or enhance the supply of power to a customer as contemplated by section 49.1. (« tarif »)

"rate period" means the period of three consecutive fiscal years of the corporation beginning

(a) on April 1, 2025; or

(b) on the day immediately following the end of the previous rate period. (« période tarifaire »)

"revenue requirement", in relation to a rate period, means the amount of rate revenue required in each fiscal year within the rate period

(a) to pay the reasonable costs forecast by the corporation for that fiscal year, including

(i) the corporation's operating, maintenance and administrative expenses,

(ii) amounts in respect of capital expenditures,

(iii) debt service costs, and

(iv) power purchases, taxes, fees and other amounts required to be paid out of the corporation's revenue; and

(b) to achieve, in accordance with the regulations, the financial targets set out or referred to in subsection 39.1(1) and address material risks that could affect the achievement of those targets. (« besoin en revenus »)

General rate application

39(2)   Before each rate period, the corporation must apply to the regulator for approval of a schedule of rates for the provision of power to retail customers in Manitoba during that rate period.

Application of PUB Act

39(3)   Part I of The Public Utilities Board Act applies, with necessary changes, with respect to an application made under this section and any order made in relation to such an application. In the event of a conflict between that Part and a provision of this Act or the regulations, the provision of this Act or regulation prevails.

Regulator to approve or vary rates

39(4)   Subject to subsection (5), the regulator must

(a) approve the rates as proposed; or

(b) vary the rates as the regulator considers just and reasonable and direct the corporation to file with the regulator, in accordance with the regulator's directions, an updated schedule of rates.

Rules for approving or varying rates

39(5)   The following rules apply to the approval or variation of rates by the regulator:

1.The regulator must base its order or decision about rates on the revenue requirements for the rate period.

2.When reviewing the revenue requirements, the regulator must take into account and be guided by

(a) the policies set out in section 39.1 and any related regulations made under section 39.6;

(b) any applicable policies established by regulation under section 10.2 of The Public Utilities Board Act;

(c) any directives issued to the corporation under The Crown Corporations Governance and Accountability Act or The Financial Administration Act; and

(d) the maximum general rate increase allowed for a fiscal year determined under section 39.2.

3.The regulator may not reduce for rate-setting purposes the amount required to support the capital expenditure program approved by Treasury Board for the rate period.

4.Subject to the policies set out in section 39.1, the corporation may propose changes to its cost allocation method or rate design, and the regulator may approve or disallow those changes or require the corporation to make other changes to them. But the regulator may not require a change to the classification of customers for rate-setting purposes that has not been proposed or agreed to by the corporation.

5.Rates for different customers or classes of customers must not differ based on affordability or other socio-economic factors.

6.Rates within a class may differ based on the type, level or combination of services provided to the customer.

7.If the regulator directs the corporation to defer the recognition of costs or revenue, it must also specify, as part of that direction, when, or the conditions under which, the corporation may recognize those costs or that revenue.

Separate process to review cost allocation or rate design

39(6)   A review of the cost allocation method or rate design to be used in approving or varying rates for a rate period may be initiated by the regulator, or by the corporation on application to the regulator, as a separate process from the rate approval process. Rule 4 of subsection (5) applies to such a review.

Restriction

39(7)   Except as expressly permitted by this section, the regulator's mandate to approve or vary rates does not include the authority to issue an order or directive governing the corporation's operations or its capital management, investments or expenditures. However, at the regulator's request, the minister responsible for The Public Utilities Board Act may authorize the regulator to review and make recommendations about any of those matters.

S.M. 1988-89, c. 23, s. 34; S.M. 2001, c. 23, s. 2; S.M. 2017, c. 19, s. 32; S.M. 2022, c. 42, s. 13.

Electricity and rates policies

39.1(1)   It is hereby declared to be the policy of the government that

(a) the rates charged by the corporation to each class of grid customers in Manitoba are to be based on the revenue requirements properly allocated to that class;

(b) the rates charged to a class of grid customers in Manitoba are to be the same throughout the province;

(c) subject to section 39.2 and the regulations, the rates charged by the corporation are to provide sufficient revenue

(i) to enable the corporation to achieve the following target debt-to-capitalization ratios:

(A) 80% by March 31, 2035,

(B) 70% by March 31, 2040, and

(ii) to achieve or maintain any additional financial targets established by regulation; and

(d) subject to the policy objectives set out in clauses (a) to (c) and to the extent practicable, rates or changes in rates should be stable and predictable from year to year.

Classification of grid customers

39.1(2)   For the purpose of subsection (1),

(a) grid customers are those who obtain power from the corporation's interconnected system for transmitting and distributing power in Manitoba;

(b) customers must not be classified based on where they are located or the population density of where they are located; and

(c) all residential grid customers are to constitute a single class of customers.

S.M. 2022, c. 42, s. 13.

Maximum general rate increase

39.2(1)   Despite sections 39 and 39.1, the general rate increase for all grid customers for any fiscal year within a rate period, expressed as a percentage increase from year to year, must not exceed the lesser of 5% and the maximum determined according to the following formula and expressed as a percentage:

Max = (CPI1/CPI2) − 1

In this formula,

CPI1is the Consumer Price Index, determined in accordance with subsection (2), for the 12-month period ending on September 30 of the calendar year immediately preceding that fiscal year;

CPI2is the Consumer Price Index, determined in accordance with subsection (2), for the 12-month period immediately preceding the 12-month period referred to in the description of CPI1.

Consumer Price Index and general rate increase

39.2(2)   For the purpose of subsection (1),

(a) the Consumer Price Index for a 12-month period is the result arrived at by

(i) aggregating the Consumer Price Index (All-items) for Manitoba, as published by Statistics Canada under the authority of the Statistics Act (Canada), for each month in that period,

(ii) dividing the aggregate obtained under subclause (i) by 12, and

(iii) rounding the result obtained under subclause (ii) to the nearest one-thousandth (or to the higher one if it is at the midpoint between the two nearest one-thousandths); and

(b) the general rate increase from one fiscal year to the next is the percentage determined for GRI in the following formula:

GRI = (R2 − R1)/R1

In this formula,

GRIis the general rate increase expressed as a percentage;

R1is the projected rate revenue for the first fiscal year;

R2is the amount that would be the projected rate revenue for the immediately following fiscal year if

(i) the rates for the second fiscal year were the rates approved for that year, and

(ii) all other factors used to calculate the projected rate revenue were the same as in the first fiscal year.

Review and approval of adjusted rates

39.2(3)   If rates are required to be adjusted for a fiscal year because of this section,

(a) the corporation must submit to the regulator, for its review and approval without an oral hearing, a revised schedule of rates such that the general rate increase does not exceed the maximum general rate increase determined by subsection (1) for that year;

(b) the regulator must approve the revised rate schedule or require the corporation to revise it, but only to the extent necessary to ensure that the general rate increase does not exceed the maximum general rate increase for the fiscal year; and

(c) the regulator must publish the final approved schedule of rates on its website.

Interpretation

39.2(4)   For greater certainty, this section does not establish a maximum rate increase for any specific class of customers. Even if a percentage rate increase for any class of customers exceeds the percentage determined under subsection (1), this section does not require a rate adjustment unless the general rate increase for a fiscal year exceeds the percentage determined under that subsection.

S.M. 2022, c. 42, s. 13.

Annual reporting

39.3   Within five months after the end of each fiscal year that falls within a rate period, the corporation must file with the minister and the regulator a report consisting of

(a) a copy of the corporation's audited financial statements for that fiscal year and a copy of its budget for the current fiscal year;

(b) a comparison of its actual results for that prior fiscal year with the projections shown for that year in the financial forecast relied upon by the regulator when setting or approving rates for that year;

(c) the most recent financial forecast approved by the board; and

(d) any additional documents required by the minister responsible for The Public Utilities Board Act on the recommendation of the regulator.

S.M. 2022, c. 42, s. 13.

Reconsideration of approved rates

39.4(1)   If during a rate period there is a material difference between the corporation's actual or projected financial results, determined on a cumulative basis since the beginning of that period, and the financial results projected for that period in the rate application for that period,

(a) the corporation, with the approval of the Lieutenant Governor in Council, may apply to the regulator; or

(b) the regulator, with the approval of the Lieutenant Governor in Council, may require the corporation to apply to the regulator;

for a reconsideration and adjustment of the approved rates for the remainder of the rate period. In the order approving the reconsideration, the Lieutenant Governor in Council may expand or restrict the scope of the review.

Adjustment of approved rates

39.4(2)   After reconsidering the approved rates and the updated financial forecasts, the regulator may approve or require an adjustment to those rates for the remainder of the period for which the rates were previously approved.

Sections 39 and 39.1 apply to reconsideration

39.4(3)   Sections 39 and 39.1 apply, with necessary changes, to a reconsideration and adjustment of the approved rates under this section.

S.M. 2022, c. 42, s. 13.

Change to classification or rate design within rate period

39.5(1)   With the approval of the Lieutenant Governor in Council, the corporation may apply to the regulator for approval of a change in rates resulting from a change in customer classification, or a change in rate design, to take effect before the end of a rate period.

Sections 39 and 39.1 apply

39.5(2)   Sections 39 and 39.1 apply, with necessary changes, to the regulator's review and approval of an application under this section.

S.M. 2022, c. 42, s. 13.

Regulations

39.6   The Lieutenant Governor in Council may make regulations respecting the framework established by sections 39 to 39.5 for approving, setting or varying rates, including regulations

(a) respecting the manner in which the corporation's debt-to-capitalization ratio is to be determined;

(b) respecting the time frame or manner in which the corporation is to achieve its target debt-to-capitalization ratios;

(c) establishing other financial targets for the corporation and respecting how they are to be achieved or maintained;

(d) modifying a target debt-to-capitalization ratio, or the target date for achieving it, in response to unforeseen or extenuating circumstances;

(e) defining any term that is used but not defined for the purposes of those sections;

(f) respecting any transitional or other matter the Lieutenant Governor in Council considers necessary or advisable for the purposes of those sections.

S.M. 2022, c. 42, s. 13.

40 and 41     [Repealed]

S.M. 2022, c. 42, s. 14 and 15.

FINANCIAL MATTERS

Investment by Minister of Finance

42(1)   If the corporation holds money in excess of the amount that is required for its immediate purposes, it may pay the excess to the Minister of Finance for investment for and on behalf of the corporation.

Payment from investments

42(2)   If the corporation requires for its operations any money invested under subsection (1) on its behalf, the Minister of Finance must pay it to the corporation at the board's request.

S.M. 1996, c. 59, s. 98; S.M. 2022, c. 42, s. 16.

TAXATION, CHARGES AND DISTRIBUTIONS

43(1)   [Repealed] S.M. 1989-90, c. 24, s. 85.

Grant in lieu of cost of municipal and school services

43(2)   The corporation, as an operating expense, shall make annually to any municipality in which land or personal property of the corporation are situated, or in which the corporation carries on business, such grant towards the cost of municipal and school services as the Lieutenant Governor in Council may approve.

Grants by subsidiaries

43(2.1)   A subsidiary, as an operating expense, shall make annually to any municipality in which land or personal property of the subsidiary is situated, or in which the subsidiary carries on business, such grant towards the cost of municipal and school services as the Lieutenant Governor in Council may approve.

Exemption from municipal taxation

43(2.2)   For greater certainty, and without limiting any exemption from municipal taxation under The Municipal Assessment Act, the corporation and its subsidiaries are exempt from all taxes levied by a municipality on the following property:

(a) conduits, poles, pipes, wires, transmission lines, plant, equipment and any similar property owned by the corporation or any of its subsidiaries or occupied or used by any of them in the generation, transformation, transmission or distribution of power; and

(b) any land on or under which such property is situated.

Limitation

43(2.3)   Subsection (2.2) does not exempt the corporation or any of its subsidiaries from local improvement taxes levied against land used for an electric substation or an office building.

Funds of government and corporation not to be mixed

43(3)   Except as specifically provided in this Act, the funds of the corporation shall not be employed for the purposes of the government or any government agency as defined in The Financial Administration Act, other than the corporation, and the funds of the government shall not be employed for the purposes of the corporation except as advances to the corporation by the government by way of loan or as a result of a guarantee by the government of indebtedness of, or assumed by, the corporation or liability for the repayment of which is an obligation of the corporation.

Application of subsection (3)

43(4)   Subsection (3) does not

(a) exempt the corporation from paying any tax that may be payable to the government under an Act of the Legislature;

(b) apply to moneys that may be payable by the corporation

(i) under The Water Power Act in respect of water power leases, licences, or permits,

(ii) as rentals or fees in respect of leases, licences, or permits, of transmission line rights-of-way, or

(iii) in respect of moneys advanced by the government to the corporation, or assumed by it or liability for the repayment of which is an obligation of the corporation, or guaranteed by the government, and interest thereon and any charge made in respect thereof; or

(iv) [repealed] S.M. 2022, c. 42, s. 17;

(c) apply to money payable by the government or a government agency

(i) for power supplied to it by the corporation,

(ii) on behalf of the Government of Canada or an agency of the Government of Canada under a federal program, or

(iii) out of funds provided by the Government of Canada or an agency of the Government of Canada as a contribution to a capital project of the corporation under a federal program.

43(5) and (6)   [Repealed] S.M. 2022, c. 42, s. 17.

R.S.M. 1987 Supp., c. 13, s. 2; S.M. 1988-89, c. 23, s. 34; S.M. 1989-90, c. 24, s. 85; S.M. 1997, c. 55, s. 16; S.M. 2002, c. 41, s. 2; S.M. 2002, c. 45, s. 9; S.M. 2021, c. 11, s. 96; S.M. 2022, c. 42, s. 17; S.M. 2022, c. 45, s. 55.

Audit

44(1)   The accounts of the corporation shall, at least once in each year, be audited and reported on by an auditor (who may be the Auditor General) appointed by the Minister of Finance; and the cost thereof shall be paid by the corporation.

Special audits and reports

44(2)   Notwithstanding subsection (1), and in addition thereto, the Lieutenant Governor in Council or the Auditor General may at any time order an audit or investigation into the affairs of the corporation and the making of a report thereon.

S.M. 2001, c. 39, s. 31; S.M. 2018, c. 29, s. 24.

ANNUAL REPORT

Annual report

45   The board shall annually, within four months after the end of the fiscal year of the corporation, make a report to the minister upon all the transactions of the corporation during its last preceding fiscal year; and the report shall include an audited balance sheet of the corporation and an audited statement of its operating revenues and expenditures together with such other information as the Lieutenant Governor in Council may require.

Tabling of report in the Assembly

46(1)   The minister shall lay a copy of the report of the board before the Legislative Assembly forthwith, if it is then in session, and if not, then within 15 days of the commencement of the next ensuing session thereof.

Report referred to Committee on Crown Corporations

46(2)   Upon being laid before the Legislative Assembly, the report of the board stands permanently referred to the Standing Committee on Crown Corporations of the Legislative Assembly, and the Standing Committee must consider the report within 120 days after it is laid before the Assembly.

S.M. 2004, c. 42, s. 104; S.M. 2021, c. 45, s. 17.

POWER EMERGENCY

Power emergency

47(1)   Where at any time the Lieutenant Governor in Council is of opinion that a state of emergency exists by reason of any actual or apprehended damage to, destruction, failure, or breakdown of, any works, any wastage of power, power demand in excess of power resources, or any other matters restricting, or which may restrict the delivery of power, Her Majesty may, by proclamation issued by the Lieutenant Governor pursuant to order of the Lieutenant Governor in Council, declare a state of emergency; and, in that event and during the continuance of the state of emergency, and until Her Majesty, by proclamation issued by the Lieutenant Governor pursuant to order of the Lieutenant Governor in Council, declares the cessation of the state of emergency, and notwithstanding this Act or any general or special Act or any contract entered into or assumed by the corporation, or the responsibility for the performance or implementation of which is an obligation of the corporation, or any contract made by any person to whom the corporation supplies power, the board may, by order or regulation,

(a) allocate and distribute power, establish preferences and priorities between different users, and classes of users, of power, and interrupt or decrease delivery of power under any contract; and

(b) regulate, restrict, prohibit, and control, the generation, transmission, distribution, supply and use of power;

in order to effect what is, in the opinion of the board, the most economical, efficient, and equitable use and distribution of power.

Modification of restrictions

47(2)   During the state of emergency, the board may at any time modify, restrict, rescind, suspend, or re-impose any order, regulation, restriction, prohibition, or control, given, made, or exercised under subsection (1).

Cessation of power delivery

47(3)   During the state of emergency, the board may order the cessation, interruption, or decrease of delivery of power, in such manner and to such extent as it sees fit, to any person who fails to comply with any order, regulation, restriction, prohibition, or control given, made, or exercised by the board under this section, and may enforce the order by all such reasonable means as it may deem proper; and may enter, or authorize the entering upon, the land of any person and do, or authorize to be done, whatever is necessary for that purpose.

Entry by distributor

47(4)   During the state of emergency any person distributing or supplying power may cease, interrupt, or decrease the delivery of power in such manner, to such extent, and by such means as he sees fit, to any of his customers who fail to comply with any order, regulation, restriction, prohibition, or control given, made, or exercised by the board under this section; and he may enter, or authorize the entering upon, any land of any such customer and do, or authorize to be done, whatever is necessary for that purpose.

Breach of contract not committed

47(5)   Nothing lawfully done under this section or under any order, regulation, restriction, prohibition, or control made or exercised by the board under this section, or done to enforce or give effect thereto by the board, the corporation, its servants or agents, or by any person or his servants or agents, shall be deemed to be a breach of contract by the corporation or any such person, or entitles any person to rescind any contract or release any guarantor from the performance of his obligation, or renders the board, the corporation, its servants or agents, or any such person, its or his servants or agents, liable in any action-at-law or other legal proceedings for damages or otherwise.

Offence and penalties

47(6)   Any person who refuses or neglects to comply with any order, regulation, restriction, prohibition, or control, made or exercised by the board under this section is guilty of an offence and, in addition to any other penalty, is liable, on summary conviction, to a fine of not more than $500., and to a further fine of not more than $500. for each day upon which the refusal or neglect is repeated or continued.

S.M. 1997, c. 55, s. 17.

MISCELLANEOUS

48 and 49   [Repealed]

S.M. 1997, c. 55, s. 18.

Terms and conditions of service extensions

49.1   The extension or enhancement of the supply of power by the corporation to any customer shall be on terms and conditions, which may include a contribution to, or payment for, capital expenditures, acceptable to the corporation.

S.M. 1997, c. 55, s. 19.

50(1)   [Repealed] S.M. 1997, c. 55, s. 20.

Order for interconnection of electrical systems

50(2)   If authorized by the Lieutenant Governor in Council, the board may order any person engaged in Manitoba in the generation, transmission or distribution of power to make an interconnection of two or more electrical systems, or parts thereof, on such terms and conditions, including the provision of transmission access to the corporation or to any other person, and with such apportionment of costs, as the board may deem proper.

Enforcement of order

50(3)   In default of such an order being carried out in the manner, and within the period therein specified, and without limiting any other remedy of the corporation, the corporation may carry out the order, or cause it to be carried out; and for that purpose the corporation may enter upon the property of any such person and do whatever is necessary to effect the interconnection ordered, and may assess to, and collect from, that person the cost of so doing or such portion thereof as the board may deem fit.

Review by regulator

50(4)   Any person against whom an assessment is made under subsection (3) may apply to the regulator to review the assessment or the apportionment thereof.

S.M. 1997, c. 55, s. 20; S.M. 2022, c. 42, s. 19.

51(1)   [Repealed] S.M. 2022, c. 42, s. 20.

Application of Water Power Act and Water Rights Act

51(2)   This Act and the corporation are subject to The Water Power Act and The Water Rights Act and regulations made thereunder.

S.M. 2022, c. 42, s. 20.

Regulations

52   For the purpose of carrying out the provisions of this Act according to their intent, the board, with the approval of the Lieutenant Governor in Council, may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the board, with the approval of the Lieutenant Governor in Council, may make regulations and orders

(a) requiring the owner of any power plant or works to furnish to the board any information required by the board regarding

(i) his plant and works including the capacity, output, cost, and use thereof;

(ii) his assets, liabilities, revenues, expenses, and operations;

(iii) the supply of power by him to other persons, including particulars of quantities, prices, terms, conditions, points of delivery and use;

(b) requiring any person to furnish to the board information regarding the supply of power to him, including particulars of quantities, prices, terms, conditions, points of delivery, use, and by whom supplied;

(c) providing for the entry upon, and inspection of, property, plant and works, including the making of inventories and valuations thereof, the examination of books, accounts, records, and documents relating thereto, and generally the obtaining of information in connection therewith;

(d) providing for the discontinuance of the supply of power to any customer who is in default in payment of any account for power or any monthly charge levied under the on-meter efficiency improvements program under The Efficiency Manitoba Act, providing for the removal of the meters, wires, facilities and equipment of the corporation from the premises of the customer and providing for the allocation of, or exemption from, liability for losses, costs, damages or expenses resulting from such discontinuance or removal;

(e) providing for the allocation of, or exemption from, liability for any loss, costs, damages or expenses incurred by a customer or any other person resulting from any fluctuation, interruption, reduction or failure in the supply of power;

but no regulation or order made under this section shall relieve the corporation from liability for negligent acts or omissions.

S.M. 1997, c. 55, s. 21; S.M. 2012, c. 26, s. 15; S.M. 2017, c. 18, s. 46; S.M. 2021, c. 45, s. 17.

Authority in general terms

53(1)   Any direction made, authority granted, or approval given to the corporation or the board by the Lieutenant Governor in Council, may be in general terms.

Authorization may be retroactive

53(2)   The Lieutenant Governor in Council may direct that any order, approval, or authorization, given to the corporation shall be retroactive; and retroactive effect shall be given thereto accordingly.

This Act to prevail in case of conflict

54   In case of conflict between this Act and any other Act or law, this Act prevails unless expressly otherwise provided in any such other Act.

Saving power

55(1)   The powers and authority herein granted and conferred upon the Lieutenant Governor in Council, the corporation, or the board do not limit, but are in addition to, the power or authority conferred upon them, or any of them, by any other Act.

Ancillary powers

55(2)   Where under this Act power is expressly given to the corporation or to the board to do, or enforce the doing, of any act or thing

(a) all such powers shall be deemed also to be given as are necessary to enable the corporation or the board to do, or enforce the doing, of the act or thing; and

(b) if the doing by the corporation or the board of any such act expressly authorized is dependent upon the doing of any other act not expressly authorized, the corporation or the board, as the case may be, has the power to do that other act.

Restraining or compliance order

55.1   If the corporation or any member, officer, employee, agent or auditor of the corporation does not comply with this Act, the regulations or by-laws, Her Majesty may, in addition to exercising any other right available to Her Majesty, apply to a court for an order directing the person to comply with, or restraining the person from acting in breach of, any provision of the Act, regulations or by-laws, and upon such application the court may so order and make any further order it thinks fit.

S.M. 1997, c. 55, s. 22.

Offence and penalties

56   Every person who violates any provision of this Act, or who neglects or refuses to comply with any order, regulation, or direction of the board, is guilty of an offence and is liable, on summary conviction, where a penalty is not otherwise provided herein, if a person, to a fine of not more than $5,000., and in default of payment of the fine, to imprisonment for a term not exceeding one year, or if a corporation, to a fine of not more than $10,000.