Français

R.S.M. 1987, c. P280

The Public Utilities Board Act

Back to the Act

Table of Contents

1 Definitions.
2 Application of Act.
(2) Exception for pipe line.
(3) Exception for gas etc. in tanks.
(4) L. G. in C. may declare public utility.
(5) Act not to apply to Manitoba Hydro.
(6) Board may deciare sewage system a public utility.
PART I
ORGANIZATION, PROCEDURE AND POWERS
3 Continuation of board.
4 Membership of board.
5 Chairman and vice-chairman.
(2) Powers of vice-chairman.
(3) Member acting as chairman.
6 Duties of chairman.
(2) Duties of members other than chairman.
7 Appointment of members.
8 Appointment of staff.
9 Term of office.
10 Corporate powers and seal.
VACANCIES
11 Vacancies on board.
12 Absence or inability of the chairman.
13 Completion of business by substitute.
(2) Presumption in such cases.
14 Disabilities of members.
(2) Disposal by members of certain things owned or acquired.
SITTINGS OF THE BOARD
15 Place of office of board.
(2) Conduct of sitting.
(3) Public hearings.
(4) Quorum.
(5) Separate sittings.
(6) Choice of members.
16 Reports by one member.
17 Use of public buildings for sittings of the board.
(2) Use of municipal buildings.
SECRETARY
18 Appointment of secretary.
(2) Duties of secretary.
(3) Records.
(4) Copies of orders, etc.
(5) Absence of secretary.
EXPERTS AND ASSISTANTS
19 Technical advisers.
20 Use of government services.
21 Payment for special services.
22 Salaries and expenses.
23 Non-personal liability of board and employees.
PROCEDURE
24 Procedure governed by rules.
(2) Rules of evidence not binding on board.
(3) Rules of practice, their publication.
(4) Board to have powers of Court of Queen's Bench in certain matters.
(5) Witnesses.
(6) Evidence by affidavit or report.
(7) Commissions to take evidence out of Manitoba.
25 Maintaining order at meetings.
26 Protection of witnesses.
(2) Members and employees not required to give evidence in civil suits.
(3) No corporate immunity.
27 Initiation of inquiries.
(2) Power to inspect, examine witnesses, documents, etc.
(3) Authority of officers of the board to administer oaths, etc.
28 Power to require doing of acts.
(2) Method of performance.
29 In case of default, board may authorize doing of act.
(2) Recovery of expense.
30 Reports to board, expense of.
31 Hearings by single member.
(2) Proviso as to chairman.
(3) Further evidence.
32 Local authorities may become complainants.
33 Power of board on complaints generally.
34 Counsel to represent persons interested.
NOTICES AND DOCUMENTS
35 Notices, how signed.
36 Notices, how given.
37 Notices, service by publication.
(2) Notices by registered mail.
38 Notice in certain matters.
39 Orders in emergencies, without notice.
(2) Relief to persons affected thereby.
DOCUMENTS AND RECORDS
40 Documents from public offices.
(2) Certificates, searches, etc., without charge to board.
41 Documents of corporations as evidence.
42 Documents of board as evidence.
(2) Copies.
43 Certified copies of documents deposited with board.
(2) Copies of order, etc., under seal of board.
ORDERS OF THE BOARD
44 Power to order partial or other relief.
(2) Review of orders.
(3) Varying order.
45 Interim orders ex parte.
46 Extension of time for compliance with order.
47 Orders subject to conditions.
(2) Interim order.
48 Orders involving expense to parties to be after notice and hearing.
49 Contents of order.
(2) Substantial compliance with Act only required.
50 When orders effective.
(2) Lapse of order.
SERVICE OF ORDERS
51 Service generally.
(2) Service within 10 days.
52 Enforcement of orders.
(2) When order to become lien against lands.
(3) Realization of amount payable.
(4) Sheriffs and constables to assist board.
53 Effect of publication in Gazette.
54 Finality of orders.
PENALTY
55 General penalty.
COSTS
56 Costs in discretion of board.
(2) Order for payment of costs.
(3) Scale of costs.
FEES
57 Tariff of fees.
(2) Deposit before certain inquiries made.
(3) Audit.
APPEAL
58 Grounds of appeal.
(2) Leave to appeal.
(3) Setting down for hearing and notice.
(4) Transmission of material to court.
(5) Inferences by court.
(6) Board to be heard.
(7) Costs of appeal and rules of practice.
(8) Immunity of board.
(9) Return of material to board.
PART II
CONTROL OF PUBLIC UTILITIES
59 How application made.
(2) When authorization of board to be applied for.
60 Further action to await disposal of application.
61 Elements of rate base.
62 Notice of decision to applicant.
JURISDICTION AND POWERS OF BOARD IN RESPECT OF PUBLIC UTILITIES
63 Jurisdiction as to carriers.
(2) Jurisdiction of traffic board preserved.
64 Investigation of excess charges.
(2) Order on investigation.
65 Increase or decrease of contractual rate.
(2) When applicable.
(3) Saving clause.
66 Order requiring vote of ratepayers.
67 Use of highways, watercourses, etc.
68 Crossing territory of municipality to reach other territory.
69 Extension of services.
70 Transmission lines in rural municipalities.
71 Use of highways, bridges, etc.
72 Removal of works from highways.
73 Disputes between utility and municipality.
74 General supervision over utilities.
(2) Inquiries by board.
75 Receivers, etc., subject to board.
76 General powers.
77 Orders as to utilities.
78 Orders as to owners.
(2) Fixing of rates of depreciation.
(3) Establishment of depreciation fund.
(4) Expenditure from fund.
(5) Orders respecting accidents.
79 Joint user of poles, etc.
80 Span wires of street railways.
(2) Expense.
(3) Injuries to building.
(4) Right of entry.
81 Reports on personnel of corporations.
RESTRICTION ON POWERS OF OWNERS OF PUBLIC UTILITIES
82 Discriminatory rates.
(2) Application of clause (1)(b).
(3) Where cl. (1)(f) not applicable.
(4) Where cl. (1)(i) not applicable.
(5) Orders affecting dividends.
(6) Liability of directors.
(7) Relief for directors.
(8) Order authorizing dividends.
(9) Effect of clause (1)(g).
(10) Certain dispositions void.
(11) Granting of authority to issue securities.
(12) Authority of board re. contracts.
(13) Compliance with orders of board.
(14) Meaning of "interest in a corporation".
(15) Preferential rates from municipal utility.
(16) Authorization of by-law.
(17) Terms of authorization.
(18) Authority for special levy.
(19) Required provision of by-law.
83 Statutory condition.
(2) Owner responsible for damage in operations.
(3) Cutting wires for fighting fires.
(4) Regulations respecting construction standards.
(5) Badge for meter reader.
(6) Authority to sell water, light, etc., required.
84 Changes in rates to be approved by board.
(2) Onus.
85 Municipal utility accounts.
86 Railway stations not to be abandoned without leave.
87 Level crossings.
88 Safety devices at level crossings.
89 Franchises to be approved by board.
(2) When approval given.
(3) Conditions to approval.
90 Requirements respecting companies not subject to Legislature.
(2) Board to approve provision.
(3) Agreements contrary to section to be void.
91 Filing of copy contract with board.
92 Union of utilities to be approved by board.
93 Orders as to construction of works.
94 Rules by utility for safety of passengers.
(2) Jurisdiction of traffic board preserved.
(3) Penalty.
(4) Evidence of enactment
95 Appointment of supervisors.
ORDERS UNDER THIS PART
96 Operation of orders to continue rates.
(2) Effective date of order against utilities.
97 Enforcement of orders to utilities.
(2) Possession by board.
(3) Powers over moneys.
(4) Expenses of board.
98 Report of non-compliance to Attorney-General.
(2) Action to dissolve a company in default.
(3) Q. B. rules to apply.
99 Orders to be notified by utility to its employees.
OFFENCES AND PENALTIES
100 Default in obeying order.
101 Doing or aiding in doing things forbidden by Act.
102 Neglect of duty imposed by Act.
103 Disobedience to Act.
104 Penalties.
PART III
MISCELLANEOUS
105 Rights and penalties under other Acts preserved.
106 Conflict of laws.
107 Power of board to perform assigned duties.
108 Power to validate certain acts of municipalities.
109 Annual report of board.
(2) Submission of report.
110 Ultra vires.
111 Act within authority.