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The Manitoba Hydro Act
This is an unofficial archived version of The Manitoba Hydro Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, 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")

"corporation" means The Manitoba Hydro-Electric Board continued by this Act; ("Régie")

"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")

"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")

"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, 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")

"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, transformation, transmission, distribution, or supply of power. ("ouvrages")

Intent, purpose, and object of Act.

2

The intent, purpose, and object of this Act is to provide for the continuance of a supply of power adequate for the needs of the province, and to promote economy and efficiency in the generation, distribution, supply, and use of power.

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".

Agency of Crown subject to certain limitations.

4(2)

The corporation is an agent of Her Majesty; but, subject to subsection (4), may sue and be sued, contract and be contracted with, in and by its corporate name as in the case of any other corporation.

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.

THE BOARD

Establishment of board.

5(1)

The affairs of the corporation shall be administered by a board which shall consist of not more than 11 members who shall be appointed by order of 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.

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 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, transformation, 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.

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

8

Notwithstanding 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 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.

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 who is not a member of the board 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.

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 reenact 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, transformation, 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.

Powers of corporation.

15(2)

The corporation may

(a) engage in the development, generation, transformation, transmission, distribution, supply, and use of power upon such terms and conditions as the board deems proper, and for any of those purposes, construct or acquire any works;

(b) contract with any person generating, transmitting or distributing power, or proposing so to do, to supply power to the corporation at such price and upon such terms and conditions as the board deems proper;

(c) contract with any person engaged in distributing power for the supply of power to that person upon such terms and conditions as the board deems proper;

(d) 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;

(e) acquire by purchase, lease, licence, or otherwise, and hold, develop, construct, use, maintain, repair, operate, and improve, and sell, lease, or otherwise dispose of, any property, including, without limitation, land and works, in each case upon such terms and conditions as the board deems proper;

(f) engage in research into and the development of new or improved techniques for the conservation of energy, and the generation, transformation, transmission, distribution and control of power and energy and works associated therewith; all upon such terms and conditions as the board deems proper;

(g) contract with Her Majesty in right of Canada, or in right of any province of Canada or with any person, for the use of any property, including land, for the erection of works of any kind;

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

Compensation.

15(3)

Where the corporation exercises the powers conferred under clause (2)(d), 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.

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

16

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;

(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, transformation, 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, any 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, and erect, construct, maintain, and operate, upon any lands so acquired any works:

(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 works, as to the terms and conditions upon which the works, or rights to which reference is made in clause (e) shall be carried on or exercised;

(g) acquire for use in Manitoba power generated outside Manitoba by the government of any other province, or of any state of the United States, or by any person in that other province or state;

(h) supply power generated in Manitoba to any other province or any state of the United States, or to any person in that other province or state;

(i) sell, lease, or otherwise dispose of to any corporation the common shares of which are owned by the corporation, on such terms and conditions as the board deems proper, any undertaking, property and assets (including works and plant) owned or acquired by the corporation;

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

Approval of authority required.

17

Notwithstanding any other provision of this Act, the corporation shall not exercise any of its powers under clause 16(g) or (h) without the prior written approval of The Manitoba Energy Authority established under The Manitoba Energy Authority Act, and The Manitoba Energy Authority may give the approval and may impose terms and conditions to which the approval shall be subject.

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 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.

CONVEYANCES AND CERTIFICATES OF TITLE

Execution of documents.

19

The corporation may execute any conveyance, transfer, bill of sale, agreement, lease, caveat, withdrawal of caveat, discharge of mortgage or any other document relating to any property of the corporation.

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

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.

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 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 Public Utilities Board.

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.

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; and

(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.

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.

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 (l)(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.

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;

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 subsecs. (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.

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 bylaw, 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.

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 (l)(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.

Publication of regulations.

28(3)

Where the corporation makes regulations under this section, whether or not they are regulations within the meaning of The Regulations Act, they shall be published in The Manitoba Gazette, and, subject to The Regulations Act, shall thereupon become effective and have the same force as if included in this Act.

Certain regs, not to apply in Winnipeg.

28(4)

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

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.

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, not exceeding in the aggregate the sum of $150,000,000. of principal outstanding at any one time, 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.

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 and The Loans 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.

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; 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 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 the secretary of the corporation; 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.

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

Banking.

36

The board may make such banking arrangements as it deems necessary for the conduct of the affairs of the corporation.

Accounting records.

37(1)

The board shall establish and maintain adequate accounting records for the corporation.

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.

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.

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 P. U. Board.

38(2)

Any person required by the board to supply power to the corporation may apply to The Public Utilities Board to review the price computed under subsection (1) for power supplied to the corporation.

SALE OF POWER

Price of power sold by corporation.

39(1)

The prices payable for power supplied by the corporation shall be such as to return to it in full the cost to the corporation, of supplying the power, including

(a) the necessary operating expenses of the corporation, including the cost of generating, purchasing, distributing, and supplying power and of operating, maintaining, repairing, and insuring the property and works of the corporation, and its costs of administration;

(b) all interest and debt service charges payable by the corporation upon, or in respect of, money advanced to or borrowed by, and all obligations assumed by, or the responsibility for the performance or implementation of which is an obligation of the corporation and used in or for the construction, purchase, acquisition, or operation, of the property and works of the corporation, including its working capital, less however the amount of any interest that it may collect on moneys owing to it;

(c) the sum that, in the opinion of the board, should be provided in each year for the reserves or funds to be established and maintained pursuant to subsection 40(1).

Fixing of price by corporation.

39(2)

The corporation may fix the prices to be charged for power supplied by the corporation.

Application to P. U. Board by corporation.

39(3)

The corporation may, and on the direction of the Lieutenant Governor in Council shall, apply to The Public Utilities Board to review any price fixed or proposed to be fixed by the corporation to be charged for power supplied by the corporation.

Submission to P. U. Board by user.

39(4)

Any person using power supplied by the corporation for which a price has been fixed by the corporation may before, or within 60 days after, the date fixed for the implementation of that price, apply to The Public Utilities Board to review the price.

Notice of hearing, etc.

39(5)

Where The Public Utilities Board receives an application to review a price fixed or proposed to be fixed by the corporation to be charged for power supplied by the corporation, it shall, unless it has previously reviewed the price,

(a) fix a time and place for a public hearing at which the price will be reviewed and considered;

(b) determine and prescribe the scope of the public hearing; and

(c) give notice by public advertisement in newspapers of the time and place and the scope of the public hearing and of the times when and the places where the prices fixed or proposed to be fixed by the corporation may be perused and copies thereof obtained by interested persons.

Stay of implementation of price change.

39(6)

Where under this section an application is made to The Public Utilities Board to review a price fixed or proposed to be fixed by the corporation to be charged for power supplied by the corporation, the Lieutenant Governor in Council may

(a) order that the implementation of the price be stayed; or

(b) if the date of implementation has passed, order the corporation to revert to charging the price charged for power supplied by the corporation immediately before that date;

until after The Public Utilities Board has made its report to the minister and the Lieutenant Governor in Council has given directions in respect of the price under subsection (12).

Proceedings not to be challenged for lack of notice.

39(7)

No proceeding of The Public Utilities Board under this section shall be set aside or questioned on the ground that it has failed to give special notice of a public hearing to any person if it has given reasonable notice of the public hearing under clause (5)(c).

Confining hearing.

39(8)

In any public hearing held under this section, The Public Utilities Board may define the status and rights of any intervener to the application and it may confine the public hearing by refusing to admit evidence or permit a submission that does not relate to matters that come within the scope of the public hearing as determined and prescribed by The Public Utilities Board.

Consolidation of applications.

39(9)

Where more than one person makes an application to The Public Utilities Board under subsection (4), The Public Utilities Board may consolidate the applications and deal with them as a single application and in that case it shall notify the applicants of the consolidation and, if the applicants whose applications are consolidated do not, within 14 days of receiving the notice, agree among themselves and notify The Public Utilities Board that not more than two of them shall carry the conduct of the consolidated application, The Public Utilities Board may order that not more than two of the applicants named by The Public Utilities Board carry the conduct of the application.

Material supplied by corporation.

39(10)

Where an application is made to The Public Utilities Board under this section, the corporation, upon request of The Public Utilities Board, shall provide The Public Utilities Board with

(a) a statement showing the prices fixed or proposed to be fixed and the prices which were or are in effect prior to the new prices being fixed;

(b) a statement of the reasons for any changes in the prices fixed or proposed to be fixed including a statement of the facts supporting those reasons;

(c) a statement of the manner in which and a time at which the changes in the prices were or are proposed to be implemented; and

(d) such further information incidental thereto as The Public Utilities Board may reasonably require.

Recommendations by P. U. Board.

39(11)

After hearing evidence and submissions in respect of any application made to it under this section, The Public Utilities Board shall make a report to the minister which shall include its recommendations as to the prices that should be charged for power supplied by the corporation and the reasons for its recommendations.

Action by L. G. in C.

39(12)

Upon receiving the report of The Public Utilities Board under subsection (11), the minister shall refer the report for consideration to the Lieutenant Governor in Council, who shall thereafter direct the corporation as to the prices to be charged for power supplied by the corporation together with such other orders or directions incidental thereto as he deems appropriate, and the corporation shall comply with the orders and directions given by the Lieutenant Governor in Council for such period as may be prescribed by the Lieutenant Governor in Council.

Applications made under subsec. 38(2) or 50(4).

39(13)

Where an application is made to The Public Utilities Board under subsection 38(2) to review a price computed under subsection 38(1) or an application is made to The Public Utilities Board under subsection 50(4) to review an assessment or apportionment made under subsection 50(3), subsections (8), (10), (11) and (12) apply with such modifications as the circumstances require to the application.

DEPRECIATION AND STABILIZATION RESERVES

Establishment of reserves.

40(1)

The board shall establish and maintain, and may adjust as required, such reserves or funds of the corporation as are sufficient, in the opinion of the board, to provide

(a) for the amortization of the cost to the corporation of the property and works, (whether as a whole or in its component parts), of the corporation during the period, or remaining period, of the useful life thereof;

(b) insurance, for which provision is not otherwise made, against loss or damage to any property of the corporation, or to the persons or property of others, caused by or arising out of the works or operations of the corporation;

(c) for the stabilization by the board of rates or prices for power sold by the corporation, the meeting of extraordinary contingencies, and such other requirements or purposes as in the opinion of the board are proper.

Use of reserves.

40(2)

The reserves created pursuant to subsection (1) may be used or employed by the board

(a) towards the reservation and setting aside of the sinking fund established under section 41 ;

(b) towards the renewal, reconstruction, or replacement, or depreciated, damaged, or obsolescent property and works;

(c) towards restoration of any property lost or damaged, or the payment of any claims, in respect of which a reserve as insurance has been established;

(d) in such manner towards the stabilization of rates or prices for power, the meeting of extraordinary contingencies, and for such other requirements or purposes, as the board in its discretion deems proper; and

(e) subject to the approval of the Lieutenant Governor in Council, towards the cost of construction of new works and extensions, improvements, or additions, to any property and works of the corporation.

SINKING FUND

Establishment of sinking fund.

41(1)

The board shall reserve and set aside, out of the reserves or funds of the corporation established and maintained under section 40 and out of such other revenues and funds of the corporation as may be available for such purposes,

(a) such annual or other periodic amounts as may be required to be reserved and set aside as a sinking fund under any agreement or undertaking entered into, or assumed, by the corporation or the responsibility for the performance or implementation of which is an obligation of the corporation, relative to the repayment of moneys borrowed by the corporation and

(b) such additional annual or other periodic amounts as the Lieutenant Governor in Council may from time to time direct to be reserved and set aside as a sinking fund for the repayment of any other moneys borrowed by, or advanced to, the corporation and applied to the cost of acquisition or construction of property and on

works of the corporation, or indebtedness assumed by the corporation or the liability for the repayment of which is an obligation of the corporation, in respect of the cost of any property or works of the corporation, or otherwise.

Minimum annual amount for sinking fund.

41(2)

Subject to subsection (7), the aggregate of the amounts so reserved and set aside as a sinking fund in each fiscal year under subsection (1) shall not be less than

(a) 1% of the advances, borrowings, and assumptions of indebtedness or indebtedness for which the corporation is liable, mentioned in subsection (1) that are outstanding as at March 31 of the fiscal year next preceding the fiscal year in which the sinking fund payment is made; and

(b) an amount in each fiscal year equal to interest at the rate of 4% per annum on the total sinking fund balances as at March 31 in the next preceding fiscal year.

Payment to Minister of Finance.

41(3)

The moneys reserved and set aside in each fiscal year for sinking fund purposes under subsections (1) and (2) shall be paid to the Minister of Finance as trustee for the corporation before the end of that fiscal year.

Sinking fund trust account.

41(4)

The Minister of Finance shall continue to maintain appropriate sinking fund trust accounts, in which shall be included

(a) the moneys and investments made from the moneys reserved and set aside by the corporation, and from interest earnings thereon, held by the Minister of Finance at the time this Act comes into force; and

(b) the moneys paid to the Minister of Finance under subsection (3).

Investment by Minister of Finance.

41(5)

The Minister of Finance shall invest and keep invested the moneys and investments so held by the Minister of Finance, in securities authorized by The Financial Administration Act for the investment of funds, and shall apply them towards the repayment of advances made to, and moneys borrowed or assumed by, the corporation or liability for the repayment of which is an obligation of the corporation and to which reference is made in subsection (1), as they fall due; and the Minister of Finance shall pay to the corporation all interest earned from the investment of the moneys so reserved and set aside and paid to and held by the Minister of Finance.

Repayments to the government.

41(6)

The corporation in addition to the payments provided for under subsections (1) and (2), may pay to the Minister of Finance such money as it may have available for application on advances made by the government to the corporation or assumed by the corporation or liability for the repayment of which is an obligation of the corporation.

Authorization of omission or deferment of commencement of sinking fund payments.

41(7)

Subject to subsection (1) and notwithstanding subsection (2), the Lieutenant Governor in Council may direct that

(a) in respect of any moneys advanced to or borrowed by the corporation pursuant to sections 31 or 32, no amounts need be reserved or set aside as a sinking fund; and

(b) in respect of any moneys advanced to, or borrowed or assumed by, the corporation, or liability for the repayment of which is an obligation of the corporation, and that are applied to the cost of newly constructed works of the corporation, the payments to which reference is made in clauses (2)(a) and (b), shall begin with such fiscal year of the corporation as, in each case, the Lieutenant Governor in Council may direct.

Limitation respecting fiscal year that is to be fixed.

41(8)

The fiscal year to be directed by the Lieutenant Governor in Council under clause (7)(b) shall not be later than five years after the making of the respective advances to or borrowings by the corporation or, in the case of moneys assumed by the corporation or liability for the repayment of which is an obligation of the corporation, shall not be later than five years after the making of the respective advances or borrowings liability for repayment of which is an obligation of the corporation.

"Works" defined for purposes of subsec. (7).

41(9)

For the purposes of subsection (7), the expression "works", in addition to the meaning given it in section 1, includes preliminary reports, surveys, investigations, engineering, accounting, or organization work or service, or any other work or service in connection with, or incidental to, any proposed development or construction.

APPLICATION OF REVENUES

Application of revenues of the corporation.

42(1)

The corporation shall apply its revenues toward payment of the operating expenses, interest, and other charges, to which reference is made in clauses 39(1)(a) and (b), and the establishment and maintenance of the reserves and funds established under section 40, and to the reservation and setting aside of the sinking fund established under section 41, and towards all other obligations of the corporation; and the corporation may pay the Minister of Finance, for investment for the corporation, such additional moneys as are available for that purpose and as are not immediately required for the purposes and objects of the corporation.

Funds to be held in trust.

42(2)

Additional moneys paid to the Minister of Finance for investment under subsection (1) shall form part of the trust and special division of the Consolidated Fund; and interest earnings thereon shall be credited to the account of the corporation in the trust and special division of the Consolidated Fund or shall be paid over to the corporation by the Minister of Finance.

Right of corporation to use of funds and securities.

42(3)

The moneys referred to in subsection (2), and any investment therefrom held for the corporation, may be used as required by the board for the purposes of the corporation.

TAXATION AND CHARGES

Taxation charges.

43(1)

Notwithstanding any Act, the corporation and any company the common shares of which are owned, directly or indirectly, by the corporation, and the land, personal property, and business of the corporation, and of any such company, is not liable to taxation, or to be taxed, by any municipality.

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, or of any company the common shares of which are owned directly or indirectly by the corporation, are situated, or in which the corporation, or any company the common shares of which are so owned directly or indirectly by the corporation, carries on business, such grant towards the cost of municipal and school services as the Lieutenant Governor in Council may approve.

Funds of government and corporation not to be mixed.

43(3)

Save as specifically provided in this Act, the funds of the corporation shall not be employed for the purposes of the government or any agency of the government as that expression is defined in The Civil Service 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 guarantees 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 subsec. (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; or

(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; or

(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

(c) apply to moneys payable by the government or any agency of the government for power supplied to the government or the agency, as the case may be, by the corporation.

AUDIT

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 Provincial Auditor) appointed by the Lieutenant Governor in Council; 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 Provincial Auditor may at any time order an audit or investigation into the affairs of the corporation and the making of a report thereon.

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 Public Utilities and Natural Resources.

46(2)

Upon being laid before the Legislative Assembly, the report of the board stands permanently referred to the Standing Committee on Public Utilities and Natural Resources of the Legislative Assembly.

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, transformation, 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.

MISCELLANEOUS

Use of works for non-power purposes.

48

Where works constructed or acquired by the corporation are not in use for the purpose for which they were constructed or acquired, the corporation may utilize them for such revenueproducing purposes as the board may deem proper.

Disposal of by-products, etc.

49

When, in the course of the operations of the corporation, any commodity or by-product is found or produced, the corporation may sell or otherwise dispose of the commodity or by-product at such prices and upon such terms, as the board may deem proper.

Agreement for interconnection of electrical systems.

50(1)

The corporation may enter into an agreement with any person engaged in Manitoba in the generation, transmission, or distribution of power, providing for the interconnection of two or more electrical systems, or parts thereof, on such terms and conditions as the board may deem proper.

Order for interconnection.

50(2)

If authorized by the Lieutenant Governor in Council, the board may order any person to make any such interconnection of electrical systems, or parts thereof, in such manner and on such terms and conditions, and with such apportionment of costs, as the board may determine.

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 P. U. Board.

50(4)

Any person against whom an assessment is made under subsection (3) may apply to The Public Utilities Board to review the assessment or the apportionment thereof.

Licences and leases to corporation under Water Power Regulations.

51(1)

Notwithstanding subsection 6(2) of The Water Power Act, a licence or lease may be issued to the corporation, subject to the Manitoba Water Power Regulations (being Manitoba Regulation 95/45), as amended from time to time, covering any water power site in Manitoba not otherwise licensed or leased, together with the lands required for the protection of that water power site.

Application of Water Power Act and Water Rights Act.

51(2)

Subject to subsection (1), this Act and the corporation are subject to The Water Power Act and The Water Rights Act and regulations made thereunder.

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.

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.

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.