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as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. E112
The Manitoba Energy Authority Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"Authority" means The Manitoba Energy Authority continued under section 2; ("Régie" )
"board" means the board of directors for which provision is made in section 14; ("conseil d'administration")
"committee" means a standing committee established under section 28; ("comité")
"director" means a member of the board; ("administrateur")
"energy" means, as the context may require,
(a) energy in any form and howsoever produced, generated or collected, but not including energy in the form of animal or human muscular power, or
(b) the sources, fuels or processes, or any of them, that are or may be used to produce, generate or collect energy as defined in clause (a), or
(c) both energy as defined in clause (a) and the sources, fuels or processes, or any of them, as defined in clause (b); ("énergie")
"executive director" means the executive director of the Authority; ("directeur")
"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 municipality as defined in The Municipal Act and includes The City of Winnipeg, a local government district and any city, town or village incorporated by an Act of the Legislature or otherwise; ("municipalité")
"person" includes a partnership and a syndicate. ("personne")
THE MANITOBA ENERGY AUTHORITY
"The Manitoba Energy Authority" consisting of the persons who are members of the board is continued as a body corporate.
The purpose and object of the Authority is to formulate and, subject to the provisions of this Act, carry out energy policies designed
(a) to assure a continuing and adequate supply of energy in the province;
(b) to alleviate the effects of any energy shortage that may occur in the province; and
(c) to promote the establishment, development and operation within the province of industries or undertakings that are by their nature energydependent.
POWERS
The Authority shall perform the duties and functions and may exercise the powers imposed or conferred upon it by or under this Act or any other Act of the Legislature and shall perform such other duties and functions as may from time to time be assigned to it by the Lieutenant Governor in Council or by the minister.
Without restricting the generality of section 3 or 4, the Authority shall, for the purposes of this Act,
(a) develop, and recommend to the minister, energy policies for the province including policies relating to the exploration for, production, recovery, manufacture, processing, transmission, distribution, sale, purchase, exchange, disposal, supply, demand, use, conservation, allocation and export of energy;
(b) prepare, keep under review and maintain in readiness contingency plans for implementation in the event of any energy shortage in the province;
(c) gather, compile, study and keep under review such statistical, technical and other information as may enable the Authority to have knowledge and to keep the minister apprised of current conditions relating to the present and future availability of energy supplies in the province, in Canada and in other countries;
(d) carry out such surveys, research programs or other projects, either alone or jointly with any commission, agency of the government or of the Government of Canada, or any person, corporation, association or body, as it deems necessary or as the minister may direct;
(e) conduct such hearings and investigations as it deems necessary or as the minister may direct;
(f) on the direction of the minister, represent or intervene on behalf of the province or the minister in proceedings before any regulatory board or agency;
(g) upon request provide advice and information with respect to energy matters to other agencies and commissions of the government
(h) on the direction of the minister, promote the establishment, development or operation within the province of any specific business or undertaking of a kind described in clause 3(c);
(i) on the direction of the minister and subject to the approval of the Lieutenant Governor in Council, carry on, either alone or in conjunction with any person, any business or undertaking in connection with its purpose, object, powers and duties;
(j) on the direction of the minister and subject to the approval of the Lieutenant Governor in Council, enter into any agreement in connection with its purpose, object, powers and duties;
(k) do all things necessary to give effect to any agreement entered into under clause (j).
The Authority shall, on the direction of the minister, prepare studies and reports on matters relating to energy, and shall recommend to the minister the making of such arrangements as it considers desirable for co-operation with any person, corporation, association, body or commission inside or outside Manitoba, or the government of any province or state outside Manitoba or an agency thereof, in respect of matters relating to energy.
Subject to the provisions of this Act, the Authority has the capacity and the rights, powers and privileges of a natural person, and may perform all acts and do all things necessary to carry out and attain its purpose and object and to exercise the rights vested in it and perform the duties imposed upon it by or under this or any other Act of the Legislature.
Application of Corporations Act.
The Corporations Act does not apply to the Authority, but the Lieutenant Governor in Council may, by order, direct that The Corporations Act or any provision thereof shall apply to the Authority and, upon the making of the order, that provision becomes applicable to the Authority.
With the approval of the minister, the Authority may cause to be incorporated under The Corporations Act a corporation as a subsidiary to it for the purpose of carrying on any business or performing any duty of the Authority under this Act.
Upon the establishment of a subsidiary corporation pursuant to subsection (1), the Authority may acquire shares in the capital stock thereof and, in consideration for the acquisition of the stock, may transfer to the subsidiary corporation such property and assets of the Authority as may be related to the business to be carried on or duty to be performed by the subsidiary corporation.
The Authority has the capacity of a natural person to exercise its powers beyond the boundaries of the province, to the extent to which the laws in force where the powers are sought to be exercised permit, and to accept extra-provincial powers and rights.
With the approval of the minister, the Authority may by by-law delegate in whole or in part to any person or body any of the powers or duties of the Authority.
Agreements with other jurisdictions.
The Authority may consult and, with the approval of the minister, enter into agreements with the government of any other province or of a territory of Canada or the Government of Canada or the Government of the United States of America or any state thereof, or an agency of any of those governments, providing for the production and management of energy upon a co-operative basis.
Notwithstanding subsection (1), the approval of the minister is not required for contracts for the supply of goods or services to the Authority entered into by the authority in the normal course of business.
The Authority shall exercise its powers by by-law or resolution.
BOARD
The affairs of the Authority shall be managed and administered by a board of directors which shall consist of not less than five persons appointed by the Lieutenant Governor in Council.
Unless he sooner dies, resigns or is removed from office, each director shall serve for such term as may be specified in the order appointing him and thereafter until his successor is appointed.
A director may be appointed on a full-time or part-time basis.
The Lieutenant Governor in Council shall designate one of the directors as chairman and another as vice-chairman of the board, and the vice-chairman has all the powers and duties of the chairman in the event of the absence or incapacity of the chairman.
Each director, including the chairman and vice-chairman, shall, subject to subsection (2), be paid by the Authority such remuneration for his services as may be fixed by the Lieutenant Governor in Council and such reasonable out-of-pocket expenses incurred by him in the performance of those services as may be approved by the minister.
The Lieutenant Governor in Council may authorize the minister, for and on behalf of the government, to enter into an agreement with any director respecting his remuneration, the payment of his out-of-pocket expenses and the terms and conditions of his services as a director.
Authority for M.L.A. to be member of board.
Notwithstanding anything to the contrary in The Legislative Assembly Act, a member of the Legislative Assembly, who may also be a member of the Executive Council, may be a member of the board and may accept from the Authority salary or remuneration, and does not thereby vacate or forfeit the seat in the Legislative Assembly or incur any of the penalties imposed under The Legislative Assembly Act for sitting or voting as a member of the Legislative Assembly.
Except as may be otherwise provided by the by-laws of the Authority, a majority of the directors constitutes a quorum at any meeting of the board, and the chairman and vice-chairman if present shall both be counted for the purpose of determining whether or not a majority of the directors is present.
Subject to section 18, any vacancy among the directors does not affect the validity of any Act or thing done by or in the name of the board while the vacancy exits.
Temporary or acting directors.
Where any director is absent from the province or in the opinion of the Lieutenant Governor in Council is, by reason of illness or any other cause, incapable of performing his duties, the Lieutenant Governor in Council may by order appoint a person to act in the place and stead of the absent or incapacitated director during such period as may be fixed in the order and may extend that period as may be required and, during the period for which he is so appointed, the person shall discharge the duties and has all the rights and powers of a director.
Except as may be otherwise provided by the by-laws of the Authority and except as provided in subsection (3), the board shall meet at the call of the chairman, at such place, at such time and upon such notice as the chairman deems fit.
The board shall meet at least quarterly.
Meetings at request of majority of directors.
The chairman shall call a meeting of the board whenever he is requested to do so in writing by not less than a majority of the directors, or upon the direction of the minister.
The principal office, and such other offices of the Authority as it may deem necessary or convenient, shall be established at such place or places as the board may from time to time determine.
For the purpose of managing and administering the affairs of the Authority, the board has, and may on behalf of the Authority exercise, all the powers of the Authority.
The board may make rules respecting
(a) the sittings of the board;
(b) the procedure for making applications, representations and complaints to the board and the conduct of hearings before the board, and generally the manner of conducting business before the board;
(c) the apportionment of the work of the board among the directors, and the assignment of directors to sit at hearings and to preside thereat;
(d) generally, the carrying on of the work of the board, the management of its internal affairs and the duties of its officers and employees.
Method of exercising powers of board.
The board shall exercise its powers by by-law or resolution.
Financial interest of director.
No director shall be present at any portion of a meeting of the board at which there is under discussion any matter directly relating to a company, organization, firm or business of which he is a director, officer, owner or operator or in which he has a significant beneficial interest through ownership of capital stock either by himself or by members of his family or otherwise, and the director shall not participate in any vote on that matter or relating to that matter.
Question as to financial interest.
Where at any meeting of the directors a question arises as to whether a matter under discusion or proposed to be discussed at the meeting is a matter within the meaning of subsection (1), the question shall be decided by a unanimous vote of the other directors present at the meeting, and their decision is final.
Disclosure of interest by director.
A director who under subsection (1) is or may be debarred from being present during the discussion of any matter and from voting thereon shall, before the matter arises, if he has prior notice thereof, or when the matter arises, if he does not have prior notice thereof, disclose to the board any facts that so debar him or that may so debar him, and shall subject to subsection (2), withdraw from the meeting before the discussion of the matter commences.
The Lieutenant Governor in Council may appoint a person as the executive director of the Authority and may fix his salary, and the executive director shall be the chief executive officer of the Authority.
The executive director has the management, direction, control and administration of the day to day operations of the Authority.
Any process required to be served on the Authority shall be served upon the executive director as agent of the Authority.
STANDING COMMITTEES
The board shall establish such standing committees for the purposes of this Act, and shall assign to each committee such duties and functions, as the board deems necessary or as the minister may direct, and each committee
(a) has and may exercise such of the powers of the Authority as may be necessary for performing the duties and functions assigned to it, including the holding of hearings and investigations; and
(b) shall, in accordance with instructions from the board or the minister, formulate and make recommendations and submit reports to the board.
Each committee shall consist of such number of members as may be appointed thereto by the board, one of whom shall be designated by the board as the chairman of the committee.
Each member of the committee who is not a member of the board or an employee of the Authority or of the government shall receive such remuneration for his services as may be fixed by the Lieutenant Governor in Council and reimbursement for such reasonable out-of-pocket expenses incurred in performing those services as may be approved by the minister.
Electrical energy marketing committee.
Without limiting the generality of subsection (1), the board shall, by by-law, establish and maintain a committee which shall be known as the "Electrical Energy Marketing Committee" and shall have the following functions:
(a) to investigate potential extra-provincial markets for electrical energy;
(b) to negotiate or direct negotiations for the sale or purchase of electrical energy exported from or imported to the province.
Without limiting the generality of subsection (1), the board shall, by by-law, establish and maintain a further committee which shall be known as the "Energy Allocation Committee" and shall have the following functions:
(a) to investigate and review data respecting the supply of and demand for energy;
(b) to develop plans for the allocation of supplies of energy;
(c) to investigate and review the plans or programs of other provinces or countries for the allocation of supplies of energy ;
(d) to maintain a continuing liaison with the Government of Canada with respect to the actual or prospective implementation of the Energy Supplies Emergency Act, 1979 (Canada).
Executive director as member of committees.
The executive director is an ex-officio member of each committee.
Application of Superannuation Act.
The Lieutenant Governor in Council may, by order, direct that The Civil Service Superannuation Act applies to any officer or other employee of the Authority who is not employed under The Civil Service Act, and the provisions of The Civil Service Superannuation Act shall upon the making of the order become applicable to that officer or other employee in accordance with the order, but the Authority may, for the benefit of such officers or employees who are not subject to The Civil Service Superannuation Act, establish or participate in any pension, superannuation or group insurance plan other than as provided in The Civil Service Superannuation Act.
Any by-law, resolution, order, direction or other document whatsoever, purporting to be issued under the authority of the Authority or the board, when signed by the chairman, vice-chairman or executive director, shall be admitted in evidence as proof of the contents thereof without any proof of the signature of the chairman, vice-chairman or executive director, as the case may be, or of the authority of the chairman, vice-chairman or executive director, as the case may be, to affix his signature.
The placing on a contract or other document of a stamped, printed, lithographed or otherwise mechanically reproduced facsimile of the signature of the chairman, vice-chairman or executive director, as the case may be, is a sufficient signing thereof.
No contract, obligation or document requiring to be executed by the Authority shall be executed unless it has received prior approval as to form by a solicitor acting for the Authority.
REPORTS
The board shall prepare and submit to the minister on or before the last day of September in each year a report of the operations of the Authority carried on during the immediately preceding year.
The minister shall lay a copy of each annual report of the Authority before the assembly forthwith after it is received from the board, if the Legislature is then in session, and if the Legislature is not then in session, then within 15 days after the opening of the next ensuing session of the Legislature.
Upon being laid before the assembly, each annual report of the Authority shall stand permanently referred to the Standing Committee on Public Utilities and Natural Resources of the Legislature.
The board shall prepare and submit to the minister such additional reports or information respecting the operations of the Authority as he may require.
The minister may at any time refer to the board for a report or recommendation any question, matter or thing arising under this Act or relating to the conservation, production, storage, processing, transportation or consumption of energy.
FINANCIAL
The fiscal year of the Authority commences on April 1 in each year and ends on March 31 in the year next following.
The accounts of the Authority shall, at least once in each fiscal year of the Authority, be audited and reported on by an auditor appointed by the Lieutenant Governor in Council, who may be the Provincial Auditor, and a copy of the auditor's report shall be sent to the minister not later than three months after the end of each fiscal year of the Authority.
Notwithstanding subsection (1) and in addition thereto, the Lieutenant Governor in Council or the Provincial Auditor may at any time order an audit of or investigation into the accounts or affairs of the Authority, and where the Lieutenant Governor in Council orders an audit or investigation he shall designate the person, who may be the Provincial Auditor, to make the audit or investigation.
The costs of any audit performed under this section shall be borne and paid by the Authority.
All moneys required to be expended for the purposes of this Act and all costs incurred in carrying out the duties and functions of the Authority, including the remuneration and expenses of the directors, shall be paid from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be so paid and applied.
Property deemed to belong to Crown.
The Authority is an agent of Her Majesty in right of Manitoba, and all property, real or personal, acquired by the Authority shall be deemed to be the property of Her Majesty in right of Manitoba.
Notwithstanding anything to the contrary in any other Act of the Legislature, neither the Authority nor any subsidiary corporation of the Authority, nor any real or personal property of the Authority or subsidiary corporation, nor the business of the Authority or subsidiary corporation, is liable to taxation by any municipality, but the Authority or subsidiary corporation, as the case may be, shall annually make to any municipality in which the real or personal property is situated or in which the business is carried on such grant toward the cost of municipal and school services as the Lieutenant Governor in Council may approve.
Subject to the prior right of the courts and of judicial and administrative officers of the courts to use the court house for the purposes of the administration of justice, where sittings of the board are held in any municipality or place in which a court house is situated, the board has the same authority that is vested in a judge of the Court of Queen's Bench to use the court house and any other buildings or apartments provided in the judicial district for the administration of justice.
Subject to the prior right of the courts and of judicial and administrative officers of the courts to use the buildings for the purposes of the administration of justice, and subject to the prior right of the municipality to use the buildings for municipal purposes, where sittings of the board are held in any municipality in which there is a hall belonging to the municipality, the municipality shall, upon the request of the board, allow the sittings to be held in the hall without charge.
HEARINGS AND INVESTIGATIONS
For the purpose of carrying out its duties and functions under this Act, the Authority may, and on the direction of the minister shall, inquire into or investigate any matter relating to energy and, for that purpose hold such public hearings as it deems advisable or as the minister may direct.
Powers of board under Evidence Act.
For the purpose of carrying out its duties and functions under this Act, the board has the like protection and powers and is subject to the like requirements as are conferred on or required of commissioners appointed under Part V of The Manitoba Evidence Act.
Application of section 86 of Evidence Act
Section 86 of The Manitoba Evidence Act does not apply to the board.
The board may authorize any one or more of the directors to inquire into, and to report to the board upon, any question or matter arising in connection with the business of the board, and for that purpose the director or directors have all the powers of the board, and the board may adopt the report of the director or directors as that of the board or otherwise deal with the report as the board may in its absolute discretion deem fit.
The rules of evidence are not binding upon the board or any committee.
All hearings and investigations conducted by the board or a committee shall be governed by rules of procedure made by the board.
Where the Authority, the board or a committee holds a hearing under this Act, it shall give reasonable public notice thereof.
Commissions to take evidence out of Manitoba.
The board may issue commissions for the taking of evidence outside of Manitoba, and make all proper orders for the purpose and for the return and use of the evidence so obtained.
GENERAL
A director is not liable or answerable for any debt, liability or obligation of the Authority or for any act, error or omission of the Authority or of any of its officers, employees or agents.
Neither the board, nor any director, nor any officer or employee of the board, may be held liable for payment of costs incurred by reason of any appeal or application in any matter under this Act.
Liability of directors, officers, etc.
The directors, the executive director and the officers and employees of the Authority and the board and any person acting under the instructions of any of them or under the authority of this Act or an order made thereunder are not personally liable for any loss or damage suffered by any person by reason of anything done, caused, permitted or authorized to be done or omitted to be done by them in good faith in the course of the administration or enforcement of the provisions of this Act or an order made thereunder, or in the exercise of the powers given by this Act.
Limitation of action against Authority.
Any action or proceeding against the Authority for loss or damage of the kind described in subsection (3) shall be commenced within one year next after the occurrence of the loss or damage and not thereafter.
Except for the purpose of administering or enforcing this Act or an order made thereunder, and except as provided in subsection (2), any information with respect to a person or business obtained by any individual in the course of the administration of this Act is privileged and the individual shall not knowingly communicate the information or allow the information to be communicated to any other person or allow any other person to inspect or have access to the information.
Information that is privileged under subsection (1), may, upon a request in writing made to the Authority by or on behalf of the person to whom or to which the information relates or by or on behalf of the persons carrying on the business to which the information relates, be communicated to any other person named in the request, on such terms and conditions and under such circumstances as the Authority may specify.
Evidence and production of documents.
Notwithstanding any other Act or law, no person engaged or employed in the administration of this Act shall be required, in connection with any legal proceedings other than a proceeding relating to the administration or enforcement of this Act, to give evidence relating to any information that is privileged under subsection (1) or to produce any statement or other writing containing that information.
The provisions of this Act shall be deemed severable each from the others, and if any of the provisions is found to be beyond the legislative powers of the province the remaining provisions shall not solely by reason thereof also be deemed to be beyond the legislative powers of the province.
Notwithstanding the provisions of any other Act of the Legislature, where under any Act of the Legislature an agency or commission has the jurisdiction, duty or power to grant or make any approval, consent, order, decision, certificate, licence, permit or authorization concerning any matter or thing to which this Act applies, it shall, before holding any hearing with respect thereto and before exercising the jurisdiction, duty or power, transmit to the executive director a notice thereof in such form and containing such information as the board may prescribe, and the Authority may intervene before the agency or commission in the hearing or any other proceeding in respect thereof.
Subject to section 17 of The Manitoba Hydro Act, in the event of a conflict between a provision of this Act and a provision of any other Act of the Legislature, the Lieutenant Governor in Council shall determine which of the provisions shall prevail, and his determination thereon is final and not subject to appeal.
Subject to section 17 of The Manitoba Hydro Act, the Lieutenant Governor in Council may order that any other Act of the Legislature or a provision thereof that, if not for this section, would apply to the Authority does not apply to the Authority for such period of time and subject to such conditions as may be specified in the order.
Where under this or any other Act of the Legislature the consent or approval of the Authority is required, or any other service or function is performed by the Authority for or on behalf of any person, the Authority may recover the cost of considering and giving or refusing the consent or approval or performing the service or function, as the case may be, in such amount as the Authority may determine.
The Crown is bound by this Act.
Section 36 of this Act is repealed.
Clauses 3(c), 5(h) to (k), subsection 17(3) and section 55 come into force on a day fixed by proclamation.