| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | IMPORTANT INFORMATION |
1 In this Act:
"appraisal" means appraisal by the commission;
"authority" means the British Columbia Hydro and Power Authority;
"commission" means the British Columbia Utilities Commission continued under this Act;
"compensation" means a rate, remuneration, gain or reward of any kind paid, payable, promised, demanded, received or expected, directly or indirectly, and includes a promise or undertaking by a public utility to provide service as consideration for, or as part of, a proposal or contract to dispose of land or any interest in it;
"costs" includes fees, counsel fees and expenses;
"distribution equipment" means posts, pipes, wires, transmission mains, distribution mains and other apparatus of a public utility used to supply service to the utility customers;
"expenses" includes expenses of the commission;
"petroleum industry" includes the carrying on within British Columbia of any of the following industries or businesses:
(a) the distillation, refining or blending of petroleum;
(b) the manufacture, refining, preparation or blending of products obtained from petroleum;
(c) the storage of petroleum or petroleum products;
(d) the wholesale or retail distribution or sale of petroleum products;
(e) the retail distribution of liquefied or compressed natural gas;
"petroleum products" includes gasoline, naphtha, benzene, kerosene, lubricating oils, stove oil, fuel oil, furnace oil, paraffin, aviation fuels, butane, propane and other liquefied petroleum gas and all derivatives of petroleum and all products obtained from petroleum, whether or not blended with or added to other things;
"public hearing" means a hearing of which public notice is given, which is open to the public, and at which any person whom the commission determines to have an interest in the matter may be heard;
"public utility" means a person, or the person's lessee, trustee, receiver or liquidator, who owns or operates in British Columbia, equipment or facilities for
(a) the production, generation, storage, transmission, sale, delivery or provision of electricity, natural gas, steam or any other agent for the production of light, heat, cold or power to or for the public or a corporation for compensation, or
(b) the conveyance or transmission of information, messages or communications by guided or unguided electromagnetic waves, including systems of cable, microwave, optical fibre or radiocommunications if that service is offered to the public for compensation,
but does not include
(c) a municipality or regional district in respect of services provided by the municipality or regional district within its own boundaries,
(d) a person not otherwise a public utility who provides the service or commodity only to the person or the person's employees or tenants, if the service or commodity is not resold to or used by others,
(e) a person not otherwise a public utility who is engaged in the petroleum industry or in the wellhead production of oil, natural gas or other natural petroleum substances,
(f) a person not otherwise a public utility who is engaged in the production of a geothermal resource, as defined in the Geothermal Resources Act, or
(g) a person, other than the authority, who enters into or is created by, under or in furtherance of an agreement designated under section 12 (9) of the Hydro and Power Authority Act, in respect of anything done, owned or operated under or in relation to that agreement;
"rate" includes
(a) a general, individual or joint rate, fare, toll, charge, rental or other compensation of a public utility,
(b) a rule, practice, measurement, classification or contract of a public utility or corporation relating to a rate, and
(c) a schedule or tariff respecting a rate;
"service" includes
(a) the use and accommodation provided by a public utility,
(b) a product or commodity provided by a public utility, and
(c) the plant, equipment, apparatus, appliances, property and facilities employed by or in connection with a public utility in providing service or a product or commodity for the purposes in which the public utility is engaged and for the use and accommodation of the public;
"tenant" does not include a lessee for a term of more than 5 years;
"value" or "appraised value" means the value determined by the commission.
2 (1) The British Columbia Utilities Commission is continued consisting of individuals appointed as follows by the Lieutenant Governor in Council after a merit based process:
(a) one commissioner designated as the chair;
(b) other commissioners appointed after consultation with the chair.
(2) The Lieutenant Governor in Council, after consultation with the chair, may designate a commissioner appointed under subsection (1) (b) as a deputy chair.
(3) The chair may appoint a deputy chair or commissioner to act as chair for any purpose specified in the appointment.
(4) Sections 1 to 3 and 5 to 13, 15, 18 to 21, 28 to 30, 32, 34 (3) and (4), 35 to 42, 44, 48, 49, 54, 56, 60 (a) and (b) and 61 of the Administrative Tribunals Act apply to the commission, and for that purpose a reference to a deputy chair in this Act is a reference to a vice chair under that Act.
(5) The chair is the chief executive officer of the commission and has supervision over and direction of the work and the staff of the commission.
3 (1) The commission must comply with any general or special direction, made by regulation of the Lieutenant Governor in Council, with respect to the exercise of its powers and functions.
(2) The Lieutenant Governor in Council may, by regulation, issue a direction to the commission specifying the factors, criteria and guidelines that the commission must or must not use in regulating, and fixing rates for, the transmission corporation, as that term is defined in the Transmission Corporation Act, and the authority.
(3) The commission must comply with the direction under subsection (2) despite
(a) any other provisions of this Act, or
(b) any previous decision of the commission.
4 (1) The commission
(a) must sit at the times and conduct its proceedings in a manner it considers convenient for the proper discharge and speedy dispatch of its duties under this Act
(b) [Repealed 2004-45-164(b).]
(2) The chair may organize the commission into divisions.
(3) The commissioners must sit
(a) as the commission, or
(b) as a division of the commission.
(4) If commissioners sit as a division
(a) 2 or more divisions may sit at the same time,
(b) the division has all the jurisdiction of and may exercise and perform the powers and duties of the commission, and
(c) a decision or action of the division is a decision or action of the commission.
(5) At a sitting of the commission or of a division of the commission, one commissioner is a quorum.
(6) The chair may designate a commissioner to serve as chair at any sitting of the commission or a division of it.
(7) If a proceeding is being held by the commission or by a division and a sitting commissioner is absent or unable to attend,
(a) that commissioner is thereafter disqualified from continuing to sit on the proceeding, and
(b) despite subsection (5), the commissioner or commissioners remaining present and sitting must exercise and perform all the jurisdiction, powers and duties of the commission.
(8) and (9) [Repealed 2003-46-2.]
(10) In the case of a tie vote at a sitting of the commission or a division of the commission, the decision of the chair of the commission or the division governs.
(11) If a division is comprised of one member and that member is unable for any reason to complete the member's duties, the chair of the commission, with the consent of all parties to the application, may organize a new division to continue to hear and determine the matter on terms agreed to by the parties, and the vacancy does not invalidate the proceeding.
5 (1) On the request of the Lieutenant Governor in Council, it is the duty of the commission to advise the Lieutenant Governor in Council on any matter, whether or not it is a matter in respect of which the commission otherwise has jurisdiction.
(2) If, under subsection (1), the Lieutenant Governor in Council refers a matter to the commission, the Lieutenant Governor in Council may specify terms of reference requiring and empowering the commission to inquire into the matter.
(3) The commission may carry out a function or perform a duty delegated to it by or under an enactment of Canada.
7 Despite the Public Service Act, the commission may employ a secretary and other officers and other employees it considers necessary and may determine their duties, conditions of employment and remuneration.
8 The commission may appoint or engage persons having special or technical knowledge necessary to assist the commission in carrying out its functions.
9 The Lieutenant Governor in Council may, by order, direct that the Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to commissioners, officers and other employees of the commission, but the commission may, alone or in cooperation with other corporations, departments, commissions or other agencies of the Crown, establish, support or participate in any one or more of
(a) a pension or superannuation plan, or
(b) a group insurance plan
for the benefit of commissioners, officers and other employees of the commission and their dependants.
10 (1) The secretary must
(a) keep a record of the proceedings before the commission,
(b) ensure that every rule, regulation and order of the commission is filed in the records of the commission,
(c) have custody of all rules, regulations and orders made by the commission and all other records and documents of, or filed with, the commission, and
(d) carry out the instructions and directions of the commission under this Act or the regulations respecting the secretary's duties or office.
(2) On the application of a person who pays a prescribed fee, the secretary must deliver to the person a certified copy of any rule, regulation or order of the commission.
(3) In the absence of the secretary, the duties of the secretary under this Act may be performed by another person appointed by the commission.
(4) A rule, regulation and order of the commission must be signed by the chair, a deputy chair or an acting chair, and the original or a copy of it must be delivered to the secretary for filing.
11 (1) A commissioner or employee of the commission must not, directly or indirectly,
(a) hold, acquire or have a beneficial interest in a share, stock, bond, debenture or other security of a corporation or other person subject to regulation under Part 3 of this Act,
(b) have a significant beneficial interest in a device, appliance, machine, article, patent or patented process, or a part of it, that is required or used by a corporation or other person referred to in paragraph (a) for the purpose of its equipment or service, or
(c) have a significant beneficial interest in a contract for the construction of works or the provision of a service for or by a corporation or other person referred to in paragraph (a).
(2) A commissioner or employee of the commission, in whom a beneficial interest referred to in subsection (1) is or becomes vested, must divest himself or herself of the beneficial interest within 3 months after appointment to the commission or acquisition of the property, as the case may be.
(3) The use or purchase for personal or domestic purposes, of gas, heat, light, power, electricity or petroleum products or service from a corporation or other person subject to regulation under this Act is not a contravention of this section, and does not disqualify a commissioner or employee from acting in any matter affecting that corporation or other person.
12 (1) Every commissioner and every officer and employee of the commission must keep secret all information coming to the person's knowledge during the course of the administration of this Act, except insofar as disclosure is necessary for the administration of this Act or insofar as the commission authorizes the person to release the information.
(2) A commissioner, officer or employee of the commission must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about records or information obtained in the discharge of duties under this Act.
(3) Despite subsection (2), the Supreme Court may require the commission to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.
13 (1) In each year, the commission must make a report to the Lieutenant Governor in Council for the preceding fiscal year, setting out briefly
(a) all applications and complaints to the commission under this Act and summaries of the commission's findings on them,
(b) other matters that the commission considers to be of public interest in connection with the discharge of its duties under this Act, and
(c) other information the Lieutenant Governor in Council directs.
(2) The report must be laid before the Legislative Assembly as soon as possible after it is submitted to the Lieutenant Governor in Council.
Part 3 — Regulation of Public Utilities
21 (1) This Part applies only to a public utility that is subject to the legislative authority of the Province.
(2) The provision by a public utility of a class of service in respect of which the public utility is not subject to the legislative authority of the Province does not make this Part inapplicable to that public utility in respect of any other class of service.
22 (1) For the purpose of this section, a person sells, purchases or produces a power service if the person
(a) generates electricity,
(b) for the purpose of heating or cooling any building, structure or equipment or for any industrial purpose, heats, cools or refrigerates water, air or any heating medium or coolant, using for that purpose equipment powered by a fuel or a geothermal resource or solar energy, or
(c) enters into an energy supply contract, within the meaning of section 68, for the provision of electricity.
(2) The minister may
(a) exempt, by order, from any or all of section 71 and the provisions of this Part, in respect of the sale, purchase or production of a power service,
(i) a person who sells, purchases or produces a power service,
(ii) a class of persons who sell, purchase or produce a power service, and
(iii) any equipment, facility, plant, project or system of a person or class of persons referred to in subparagraph (i) or (ii), and
(b) if the minister makes an order under paragraph (a), impose, in the order, terms and conditions respecting the extent or quantity of the power service to be sold, purchased or produced, the price to be charged for it and any other conditions the minister considers to be in the public interest.
(3) The minister may
(a) before making an order under subsection (2), refer the matter to the commission for a review, or
(b) authorize the commission to make an order under subsection (2).
23 (1) The commission has general supervision of all public utilities and may make orders about
(a) equipment,
(b) appliances,
(c) safety devices,
(d) extension of works or systems,
(e) filing of rate schedules,
(f) reporting, and
(g) other matters it considers necessary or advisable for
(i) the safety, convenience or service of the public, or
(ii) the proper carrying out of this Act or of a contract, charter or franchise involving use of public property or rights.
(2) Subject to this Act, the commission may make regulations requiring a public utility to conduct its operations in a way that does not unnecessarily interfere with, or cause unnecessary damage or inconvenience to, the public.
24 In its supervision of public utilities, the commission must make examinations and conduct inquiries necessary to keep itself informed about
(a) the conduct of public utility business,
(b) compliance by public utilities with this Act, regulations or any other law, and
(c) any other matter in the commission's jurisdiction.
25 If the commission, after a hearing held on its own motion or on complaint, finds that the service of a public utility is unreasonable, unsafe, inadequate or unreasonably discriminatory, the commission must
(a) determine what is reasonable, safe, adequate and fair service, and
(b) order the utility to provide it.
26 After a hearing held on the commission's own motion or on complaint, the commission may do one or more of the following:
(a) determine and set just and reasonable standards, classifications, rules, practices or service to be used by a public utility;
(b) determine and set adequate and reasonable standards for measuring quantity, quality, pressure, initial voltage or other conditions of supplying service;
(c) prescribe reasonable regulations for examining, testing or measuring a service;
(d) establish or approve reasonable standards for accuracy of meters and other measurement appliances;
(e) provide for the examination and testing of appliances used to measure a service of a utility.
27 (1) If the commission, after a hearing, finds that
(a) public convenience and necessity require the use by a public utility of conduits, subways, poles, wires or other equipment belonging to another public utility, and
(b) the use will not prevent the owner or other users from performing their duties or result in any substantial detriment to their service,
the commission may, if the utilities fail to agree on the use, conditions or compensation, make an order it considers reasonable, directing that the use or joint use of the conduits, subways, poles, wires or other equipment be allowed and prescribing conditions of and compensation for the use.
(2) If the commission, after a hearing, finds that the provision of adequate service by one public utility or the safety of the persons operating or using that service requires that wires or cables carrying electricity and run, placed, erected, maintained or used by another public utility be placed, constructed or equipped with safety devices, the commission may make an order it considers reasonable about the placing, construction or equipment.
(3) By the same or a later order, the commission may
(a) direct that the cost of the placing, construction or equipment be at the expense of the public utility whose wire, cable or apparatus was most recently placed, or
(b) in the discretion of the commission, apportion the cost between the utilities.
28 (1) On being requested by the owner or occupier of the premises to do so, a public utility must supply its service to premises that are located within 90 metres of its supply line or any lesser distance that the commission prescribes suitable for that purpose.
(2) Before supplying the service under subsection (1) or making a connection for the purpose, or as a condition of continuing to supply the service, the public utility may require the owner or occupier to give reasonable security for repayment of the costs of making the connection as set out in the filed schedule of rates.
(3) After a hearing and for proper cause, the commission may relieve a public utility from the obligation to supply service under this Act or regulations on terms the commission considers proper and in the public interest.
29 On the application of a person whose premises are located more than 90 metres from a supply line suitable for that purpose, the commission may order a public utility that controls or operates the line
(a) to supply, within the time the commission directs, the service required by that person, and
(b) to make extensions and install necessary equipment and apparatus on terms the commission directs, which terms may include payment of all or part of the cost by the applicant.
30 If the commission, after a hearing, determines that
(a) an extension of the existing services of a public utility, in a general area that the public utility may properly be considered responsible for developing, is feasible and required in the public interest, and
(b) the construction and maintenance of the extension will not necessitate a substantial increase in rates chargeable, or a decrease in services provided, by the utility elsewhere,
the commission may order the utility to make the extension on terms the commission directs, which may include payment of all or part of the cost by the persons affected.
31 The commission may make rules governing conditions to be contained in agreements entered into by public utilities for their regulated services or for a class of regulated service.
32 (1) This section applies if a public utility
(a) has the right to enter a municipality to place its distribution equipment on, along, across, over or under a public street, lane, square, park, public place, bridge, viaduct, subway or watercourse, and
(b) cannot come to an agreement with the municipality on the use of the street or other place or on the terms of the use.
(2) On application and after any inquiry it considers advisable, the commission may, by order, allow the use of the street or other place by the public utility for that purpose and specify the manner and terms of use.
33 (1) This section applies if a public utility
(a) cannot agree with a municipality respecting placing its distribution equipment on, along, across, over or under a public street, lane, square, park, public place, bridge, viaduct, subway or watercourse in a municipality, and
(b) the public utility is otherwise unable, without expenditures that the commission considers unreasonable, to extend its system, line or apparatus from a place where it lawfully does business to another place where it is authorized to do business.
(2) On application and after a hearing, for the purpose of that extension only and without unduly preventing the use of the street or other place by other persons, the commission may, by order,
(a) allow the use of the street or other place by the public utility, despite any law or contract granting to another person exclusive rights, and
(b) specify the manner and terms of the use.
34 (1) On the complaint of a municipality that a public utility doing business in the municipality fails to extend its service to a part of the municipality, and after any hearing the commission considers advisable, the commission may order the public utility to extend its service in a way that the commission considers reasonable and proper.
(2) An order under subsection (1) may
(a) in the commission's discretion, impose terms for the extension, including the expenditure to be incurred for all necessary works, and
(b) apportion the cost between the public utility, the municipality and consumers receiving service from the extension.
35 If the commission, after a hearing, concludes that in its opinion an extension by a public utility of its existing service would provide sufficient business to justify the construction and maintenance of the extension, and the financial condition of the public utility reasonably warrants the capital expenditure required, the commission may order the utility to extend its service to the extent the commission considers reasonable and proper.
36 Subject to any agreement between a public utility and a municipality and to the franchise or rights of the public utility, and after any hearing the commission considers advisable, the commission may, by order, specify the terms on which the public utility may use for any purpose of its service
(a) a highway in the municipality, or
(b) a public bridge, viaduct or subway constructed or to be constructed by the municipality alone or jointly with another municipality, corporation or government.
37 (1) If the commission considers that a supervisor or inspector should be appointed to supervise or inspect, continuously or otherwise, the system, works, plant, equipment or service of a public utility with a view to establishing and carrying out measures for
(a) the safety of the public and of the users of the utility's service, or
(b) adequacy of service,
the commission may appoint a supervisor or inspector for that utility and may specify the person's duties.
(2) The commission may
(a) set the salary and expenses of a supervisor or inspector appointed under subsection (1), and
(b) order the amount set
(i) to be borne by the municipality in which the operations of the public utility are carried on or its service is provided, or
(ii) to be borne or apportioned in a way the commission considers equitable.
38 A public utility must
(a) provide, and
(b) maintain its property and equipment in a condition to enable it to provide,
a service to the public that the commission considers is in all respects adequate, safe, efficient, just and reasonable.
39 On reasonable notice, a public utility must provide suitable service without undue discrimination or undue delay to all persons who
(a) apply for service,
(b) are reasonably entitled to it, and
(c) pay or agree to pay the rates established for that service under this Act or the regulations.
40 (1) On application, the commission may, by order, exempt a municipality from section 39 except in a defined area.
(2) On application by any person and after notice to the municipality, the commission may enlarge or reduce an area defined under subsection (1).
41 A public utility that has been granted a certificate of public convenience and necessity or a franchise, or that has been deemed to have been granted a certificate of public convenience and necessity, and has begun any operation for which the certificate or franchise is necessary, or in respect of which the certificate is deemed to have been granted, must not cease the operation or a part of it without first obtaining the permission of the commission.
42 A public utility must obey the lawful orders of the commission made under this Act for its business or service, and must do all things necessary to secure observance of those orders by its officers, agents and employees.
43 (1) A public utility must provide to the commission information required by the commission and, for the purposes of this Act, must answer specifically all questions of the commission.
(2) A public utility that receives from the commission any form of return must fully and correctly answer each question in the return and deliver it to the commission.
(3) On request by the commission, a public utility must deliver to the commission
(a) all profiles, contracts, reports of engineers, accounts and records in its possession or control relating in any way to its property or service or affecting its business, or verified copies of them, and
(b) complete inventories of the utility's property in the form the commission directs.
(4) On request by the commission, a public utility must file with the commission a statement in writing setting out the name, title of office, post office address and the authority, powers and duties of
(a) every member of the board of directors and the executive committee,
(b) every trustee, superintendent, chief or head of construction or operation, or of any department, branch, division or line of construction or operation, and
(c) other officers of the utility.
(5) The statement required under subsection (4) must be filed in a form that discloses the source and origin of each administrative act, rule, decision, order or other action of the utility.
44 (1) A public utility must have in British Columbia an office in which it must keep all accounts and records required by the commission to be kept in British Columbia.
(2) A public utility must not remove or permit to be removed from British Columbia an account or record required to be kept under subsection (1), except on conditions specified by the commission.
45 (1) Except as otherwise provided, after September 11, 1980, a person must not begin the construction or operation of a public utility plant or system, or an extension of either, without first obtaining from the commission a certificate that public convenience and necessity require or will require the construction or operation.
(2) For the purposes of subsection (1), a public utility that is operating a public utility plant or system on September 11, 1980 is deemed to have received a certificate of public convenience and necessity, authorizing it
(a) to operate the plant or system, and
(b) subject to subsection (5), to construct and operate extensions to the plant or system.
(3) Nothing in subsection (2) authorizes the construction or operation of an extension that is a reviewable project under the Environmental Assessment Act.
(4) The commission may, by regulation, exclude utility plant or categories of utility plant from the operation of subsection (1).
(5) If it appears to the commission that a public utility should, before constructing or operating an extension to a utility plant or system, apply for a separate certificate of public convenience and necessity, the commission may, not later than 30 days after construction of the extension is begun, order that subsection (2) does not apply in respect of the construction or operation of the extension.
(6) A public utility must file with the commission at least once each year a statement in a form prescribed by the commission of the extensions to its facilities that it plans to construct.
(6.1) A public utility must file the following plans with the commission in the form and at the times required by the commission:
(a) a plan of the capital expenditures the public utility anticipates making over the period specified by the commission;
(b) a plan of how the public utility intends to meet the demand for energy by acquiring energy from other persons, and the expenditures required for that purpose;
(c) a plan of how the public utility intends to reduce the demand for energy, and the expenditures required for that purpose.
(6.2) After receipt of a plan filed under subsection (6.1), the commission may
(a) establish a process to review all or part of the plan and to consider the proposed expenditures referred to in that plan,
(b) determine that any expenditure referred to in the plan is, or is not at that time, in the interests of persons within British Columbia who receive, or who may receive, service from the public utility, and
(c) determine the manner in which any expenditures referred to in the plan can be recovered in rates.
(7) Except as otherwise provided, a privilege, concession or franchise granted to a public utility by a municipality or other public authority after September 11, 1980 is not valid unless approved by the commission.
(8) The commission must not give its approval unless it determines that the privilege, concession or franchise proposed is necessary for the public convenience and properly conserves the public interest.
(9) In giving its approval, the commission
(a) must grant a certificate of public convenience and necessity, and
(b) may impose conditions about
(i) the duration and termination of the privilege, concession or franchise, or
(ii) construction, equipment, maintenance, rates or service,
as the public convenience and interest reasonably require.
46 (1) An applicant for a certificate of public convenience and necessity must file with the commission information, material, evidence and documents that the commission prescribes.
(2) The commission has a discretion whether or not to hold any hearing on the application.
(3) The commission may issue or refuse to issue the certificate, or may issue a certificate of public convenience and necessity for the construction or operation of a part only of the proposed facility, line, plant, system or extension, or for the partial exercise only of a right or privilege, and may attach to the exercise of the right or privilege granted by the certificate, terms, including conditions about the duration of the right or privilege under this Act as, in its judgment, the public convenience or necessity may require.
(4) If a public utility desires to exercise a right or privilege under a consent, franchise, licence, permit, vote or other authority that it proposes to obtain but that has not, at the date of the application, been granted to it, the public utility may apply to the commission for an order preliminary to the issue of the certificate.
(5) On application under subsection (4), the commission may make an order declaring that it will, on application, under rules it specifies, issue the desired certificate, on the terms it designates in the order, after the public utility has obtained the proposed consent, franchise, licence, permit, vote or other authority.
(6) On evidence satisfactory to the commission that the consent, franchise, licence, permit, vote or other authority has been secured, the commission must issue a certificate under section 45.
(7) The commission may amend a certificate previously issued, or issue a new certificate, for the purpose of renewing, extending or consolidating a certificate previously issued.
(8) A public utility to which a certificate is, or has been, issued, or to which an exemption is, or has been, granted under section 45 (4), is authorized, subject to this Act, to construct, maintain and operate the plant, system or extension authorized in the certificate or exemption.
47 (1) If a public utility
(a) is engaged, or is about to engage, in the construction or operation of a plant or system, and
(b) has not secured or has not been exempted from the requirement for, or is not deemed to have received a certificate of public convenience and necessity required under this Act,
any interested person may file a complaint with the commission.
(2) The commission may, with or without notice, make an order requiring the public utility complained of to cease the construction or operation until the commission makes and files its decision on the complaint, or until further order of the commission.
(3) The commission may, after a hearing, make the order and specify the terms under this Act that it considers advisable.
(4) If the commission considers it necessary to determine whether a person is engaged or is about to engage in construction or operation of any plant or system, the commission may request that person to provide information required by it and to answer specifically all questions of the commission, and the person must comply.
48 (1) If the commission, after a hearing, determines that a public utility holding a franchise, licence or permit has failed to exercise or has not continued to exercise or use the right and privilege granted by the franchise, licence or permit, the commission may
(a) cancel the franchise, licence or permit, or
(b) suspend for a time the commission considers advisable the rights, or any of them, under the franchise, licence or permit.
(2) If a franchise, licence or permit is cancelled, the utility must cease to operate.
(3) If a right under a franchise, licence or permit is suspended, the utility must cease to exercise the suspended right during the period of suspension.
49 The commission may, by order, require every public utility to do one or more of the following:
(a) keep the records and accounts of the conduct of the utility's business that the commission may specify, and for public utilities of the same class, adopt a uniform system of accounting specified by the commission;
(b) provide, at the times and in the form and manner the commission specifies, a detailed report of finances and operations, verified as specified;
(c) file with the commission, at the times and in the form and manner the commission specifies, a report of every accident occurring to or on the plant, equipment or other property of the utility, if the accident is of such nature as to endanger the safety, health or property of any person;
(d) obtain from a board, tribunal, municipal or other body or official having jurisdiction or authority, permission, if necessary, to undertake or carry on a work or service ordered by the commission to be undertaken or carried on that is contingent on the permission.
50 (1) In this section, "security" means any share of any class of shares of a public utility or any bond, debenture, note or other obligation of a public utility whether secured or unsecured.
(2) Except in the case of a security evidencing indebtedness payable less than one year from its date, a public utility must not issue a security without first obtaining approval of the commission under this section and, if section 54 applies, under that section.
(3) Without first obtaining the commission's approval, a public utility must not,
(a) in respect of a security that it has issued,
(i) increase a fixed dividend or fixed interest rate,
(ii) alter a maturity date for the issue,
(ii) restrict the utility's right to redeem the issue,
(iv) increase the premium to be paid on redemption, or
(v) make a material alteration in the characteristics of the security, or
(b) purchase, redeem or otherwise acquire shares of any class of the utility except in accordance with any special rights or restrictions attached to them.
(4) Subsections (2) and (3) do not apply to the issue of shares under a genuine employee share purchase plan or genuine employee share option plan that has been filed with the commission.
(5) Without first obtaining the commission's approval, a public utility must not guarantee the payment of all or part of a loan or all or part of the interest on a loan made to another person.
(6) A public utility is not liable under a guarantee given by it after June 29, 1988, in contravention of subsection (5) or of a condition of approval imposed under subsection (7).
(7) The commission may give its approval under this section subject to conditions and requirements considered necessary or desirable in the public interest.
(8) A municipality is not a utility for the purpose of this section.
51 A public utility must not do any of the following:
(a) capitalize a franchise or right to be a corporation;
(b) capitalize a franchise, licence, permit or concession in excess of the amount that, exclusive of tax or annual charge, is paid to the government, a municipality or other public authority as consideration for the franchise, licence, permit or concession;
(c) issue a security or evidence of indebtedness against a contract for consolidation, amalgamation, merger or lease.
52 (1) Except for a disposition of its property in the ordinary course of business, a public utility must not, without first obtaining the commission's approval,
(a) dispose of or encumber the whole or a part of its property, franchises, licences, permits, concessions, privileges or rights, or
(b) by any means, direct or indirect, merge, amalgamate or consolidate in whole or in part its property, franchises, licences, permits, concessions, privileges or rights with those of another person.
(2) The commission may give its approval under this section subject to conditions and requirements considered necessary or desirable in the public interest.
53 (1) A public utility must not consolidate, amalgamate or merge with another person
(a) unless the Lieutenant Governor in Council
(i) has first received from the commission a report under this section including an opinion that the consolidation, amalgamation or merger would be beneficial in the public interest, and
(ii) has, by order, consented to the consolidation, amalgamation or merger, and
(b) except in accordance with an order made under paragraph (a).
(2) The Lieutenant Governor in Council may, in an order under subsection (1) (a), include conditions and requirements that the Lieutenant Governor in Council considers necessary or advisable.
(3) An application for consent of the Lieutenant Governor in Council under subsection (1) must be made to the commission by the public utility.
(4) The commission must inquire into the application and may for that purpose hold a hearing.
(5) On conclusion of its inquiry, the commission must,
(a) if it is of the opinion that the consolidation, amalgamation or merger would be beneficial in the public interest, submit its report and findings to the Lieutenant Governor in Council, or
(b) dismiss the application.
(6) If a public utility gives notice to its shareholders of a meeting of shareholders in connection with a consolidation, amalgamation or merger, it must
(a) set out in the notice the provisions of this section, and
(b) file a copy of the notice with the commission at the time of mailing to the shareholders.
54 (1) In this section:
"child" includes a child in respect of whom a person referred to in the definition of "spouse" stands in the place of a parent;
"offeree" means a person to whom a take over bid is made;
"offeror" means a person, other than an agent, who makes a take over bid and includes 2 or more persons
(a) whose bids are made jointly or in concert, or
(b) who intend to exercise jointly or in concert any voting rights attaching to the shares for which a take over bid is made;
"spouse" means a person who
(a) is married to another person, or
(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a period of at least 2 years;
"take over bid" has the same meaning as in the Securities Act;
"voting share" means a share that has, or may under any special rights or restrictions attached to the share have, the right to vote for the election of directors, and for this purpose "share" includes
(a) a security convertible into such a share, and
(b) options and rights to acquire such a share or such a convertible security.
(2) For the purposes of this section, persons are associates if any of the following apply:
(a) one of the persons is a corporation
(i) of which more than 10% of the shares outstanding of any class of the corporation are beneficially owned or controlled, directly or indirectly, by the other person, or
(ii) of which the other is a director or officer;
(b) each of the persons is a corporation and
(i) more than 10% of the shares outstanding of any class of shares of one are beneficially owned or controlled, directly or indirectly, by the other, or
(ii) more than 10% of the shares outstanding of any class of shares of each are beneficially owned or controlled, directly or indirectly, by the same person;
(c) they are partners or one is a partnership of which the other is a partner;
(d) one is a trust in which the other has a substantial beneficial interest or for which the other serves as trustee or in a similar capacity;
(e) they are obligated to act in concert in exercising a voting right in respect of shares of the utility;
(f) one is the spouse or child of the other;
(g) one is a relative of the other or of the other's spouse and has the same home as the other.
(3) For the purpose of subsection (2), if a person has more than one associate, those associates are associates of each other.
(4) For the purpose of this section, a person has a reviewable interest in a public utility if
(a) the person owns or controls, or
(b) the person and the person's associates own or control,
in the aggregate more than 20% of the voting shares outstanding of any class of shares of the utility.
(5) A public utility must not, without the approval of the commission,
(a) issue, sell, purchase or register on its books a transfer of shares in the capital of the utility or create, or
(b) attach to any shares, whether issued or unissued, any special rights or restrictions,
if the issue, sale, purchase or registration or the creation or attachment of the special rights or restrictions would
(c) cause any person to have a reviewable interest,
(d) increase the percentage of voting shares owned by a person who has a reviewable interest,
(e) be a registration of a transfer of shares, the acquisition of which was contrary to subsection (7) or (8), or
(f) increase the voting rights attached to any shares owned by a person who has a reviewable interest.
(6) Failure of a public utility to comply with subsection (5) does not give rise to an offence if the public utility acts in the genuine belief based on an enquiry made with reasonable care, that the issue, sale, purchase or registration, or the creation or attachment of the special rights or restrictions, would not have the effects referred to in subsection (5) (c) to (f).
(7) A person must not acquire or acquire control of such numbers of any class of shares of a public utility as
(a) in themselves, or
(b) together with shares already owned or controlled by the person and the person's associates,
cause the person to have a reviewable interest in a public utility unless the person has obtained the commission's approval.
(8) Except if the acquisition or acquisition of control does not increase the percentage of voting shares held, owned or controlled by the person or by the person and the person's associates, a person having a reviewable interest in a public utility and any associate of that person must not acquire or acquire control of any voting shares in the public utility unless the person or associate has obtained the commission's approval.
(9) The commission may give its approval under this section subject to conditions and requirements it considers necessary or desirable in the public interest, but the commission must not give its approval under this section unless it considers that the public utility and the users of the service of the public utility will not be detrimentally affected.
(10) If the commission determines that there has been a contravention of subsection (5), (7) or (8), the commission may, on notice to the public utility and after a hearing, make an order imposing on the public utility conditions and requirements respecting the management and operation of the utility.
(11) A proceeding must not be brought against the commission or the government by reason of the exercise by the commission of its powers under subsection (9) or (10).
(12) An offeror who makes a take over bid for shares of a public utility must
(a) file with the commission a copy of the take over bid and all supporting or supplementary material within 5 days after the date the material is first sent to offerees, and
(b) include in or attach to the take over bid a notice setting out the provisions of this section and stating the number, without duplication, and designation of any shares of the public utility held by the offeror and the offeror's associates.
(13) Nothing in subsection (12) relieves a person from any requirement of or under the Securities Act, its regulations or the rules made or deemed to be made by the British Columbia Securities Commission under section 184 of that Act.
55 (1) The commission may
(a) ascertain by appraisal the value of the property of a public utility, and
(b) inquire into every fact that, in its judgment, has a bearing on that value, including the amount of money actually and reasonably expended in the undertaking to provide service reasonably adequate to the requirements of the community served by the utility as that community exists at the time of the appraisal.
(2) In making its appraisal, the commission must have access to all records in the possession of a municipality or any ministry or board of the government.
(3) In making its appraisal under this section, the commission may order
(a) that all or part of the costs and expenses of the commission in making the appraisal must be paid by the public utility, and
(b) that the utility pay an amount as the work of appraisal proceeds.
(4) The certificate of the chair of the commission is conclusive evidence of the amounts payable under subsection (3).
(5) Expenses approved by the commission in connection with an appraisal, including expenses incurred by the public utility whose property is appraised, must be charged by the utility to the cost of operating the property as a current item of expense, and the commission may, by order, authorize or require the utility to amortize this charge over a period and in the manner the commission specifies.
56 (1) If the commission, after inquiry, considers that it is necessary and reasonable that a depreciation account should be carried by a public utility, the commission may, by order, require the utility to keep an adequate depreciation account under rules and forms of account specified by the commission.
(2) The commission must determine and, by order after a hearing, set proper and adequate rates of depreciation.
(3) The rates must be set so as to provide, in addition to the expense of maintenance, the amounts required to keep the public utility's property in a state of efficiency in accordance with technical and engineering progress in that industry of the utility.
(4) A public utility must adjust its depreciation accounts to conform to the rates fixed by the commission and, if ordered by the commission, must set aside out of earnings whatever money is required and carry it in a depreciation fund.
(5) Without the consent of the commission, the depreciation fund must not be expended other than for replacement, improvement, new construction, extension or addition to the property of the utility.
57 (1) The commission may, by order, require a public utility to create and maintain a reserve fund for any purpose the commission considers proper, and may fix the amount or rate to be charged each year in the accounts of the utility for the purpose of creating the reserve fund.
(2) The commission may order that no reserve fund other than that created and maintained as directed by the commission may be created by a public utility.
58 (1) The commission may,
(a) on its own motion, or
(b) on complaint by a public utility or other interested person that the existing rates in effect and collected or any rates charged or attempted to be charged for service by a public utility are unjust, unreasonable, insufficient, unduly discriminatory or in contravention of this Act, the regulations or any other law,
after a hearing, determine the just, reasonable and sufficient rates to be observed and in force.
(2) If the commission makes a determination under subsection (1), it must, by order, set the rates.
(3) The public utility affected by an order under this section must
(a) amend its schedules in conformity with the order, and
(b) file amended schedules with the commission.
59 (1) A public utility must not make, demand or receive
(a) an unjust, unreasonable, unduly discriminatory or unduly preferential rate for a service provided by it in British Columbia, or
(b) a rate that otherwise contravenes this Act, the regulations, orders of the commission or any other law.
(2) A public utility must not
(a) as to rate or service, subject any person or locality, or a particular description of traffic, to an undue prejudice or disadvantage, or
(b) extend to any person a form of agreement, a rule or a facility or privilege, unless the agreement, rule, facility or privilege is regularly and uniformly extended to all persons under substantially similar circumstances and conditions for service of the same description.
(3) The commission may, by regulation, declare the circumstances and conditions that are substantially similar for the purpose of subsection (2) (b).
(4) It is a question of fact, of which the commission is the sole judge,
(a) whether a rate is unjust or unreasonable,
(b) whether, in any case, there is undue discrimination, preference, prejudice or disadvantage in respect of a rate or service, or
(c) whether a service is offered or provided under substantially similar circumstances and conditions.
(5) In this section, a rate is "unjust" or "unreasonable" if the rate is
(a) more than a fair and reasonable charge for service of the nature and quality provided by the utility,
(b) insufficient to yield a fair and reasonable compensation for the service provided by the utility, or a fair and reasonable return on the appraised value of its property, or
(c) unjust and unreasonable for any other reason.
60 (1) In setting a rate under this Act or the regulations
(a) the commission must consider all matters that it considers proper and relevant affecting the rate,
(b) the commission must have due regard to the setting of a rate that
(i) is not unjust or unreasonable within the meaning of section 59,
(ii) provides to the public utility for which the rate is set a fair and reasonable return on any expenditure made by it to reduce energy demands, and
(iii) encourages public utilities to increase efficiency, reduce costs and enhance performance,
(b.1) the commission may use any mechanism, formula or other method of setting the rate that it considers advisable, and may order that the rate derived from such a mechanism, formula or other method is to remain in effect for a specified period, and
(c) if the public utility provides more than one class of service, the commission must
(i) segregate the various kinds of service into distinct classes of service,
(ii) in setting a rate to be charged for the particular service provided, consider each distinct class of service as a self contained unit, and
(iii) set a rate for each unit that it considers to be just and reasonable for that unit, without regard to the rates fixed for any other unit.
(2) In setting a rate under this Act or regulations, the commission may take into account a distinct or special area served by a public utility with a view to ensuring, so far as the commission considers it advisable, that the rate applicable in each area is adequate to yield a fair and reasonable return on the appraised value of the plant or system of the public utility used, or prudently and reasonably acquired, for the purpose of providing the service in that special area.
(3) If the commission takes a special area into account under subsection (2), it must have regard to the special considerations applicable to an area that is sparsely settled or has other distinctive characteristics.
(4) For this section, the commission must exclude from the appraised value of the property of the public utility any franchise, licence, permit or concession obtained or held by the utility from a municipal or other public authority beyond the money, if any, paid to the municipality or public authority as consideration for that franchise, licence, permit or concession, together with necessary and reasonable expenses in procuring the franchise, licence, permit or concession.
61 (1) A public utility must file with the commission, under rules the commission specifies and within the time and in the form required by the commission, schedules showing all rates established by it and collected, charged or enforced or to be collected or enforced.
(2) A schedule filed under subsection (1) must not be amended without the commission's consent.
(3) The rates in schedules as filed and as amended in accordance with this Act and the regulations are the only lawful, enforceable and collectable rates of the public utility filing them, and no other rate may be collected, charged or enforced.
(4) A public utility may file with the commission a new schedule of rates that the utility considers to be made necessary by a rise in the price, over which the utility has no effective control, required to be paid by the public utility for its gas supplies, other energy supplied to it, or expenses and taxes, and the new schedule may be put into effect by the public utility on receiving the approval of the commission.
(5) Within 60 days after the date it approves a new schedule under subsection (4), the commission may,
(a) on complaint of a person whose interests are affected, or
(b) on its own motion,
direct an inquiry into the new schedule of rates having regard to the fixing of a rate that is not unjust or unreasonable.
(6) After an inquiry under subsection (5), the commission may
(a) rescind or vary the increase and order a refund or customer credit by the utility of all or part of the money received by way of increase, or
(b) confirm the increase or part of it.
62 A public utility must keep a copy of the schedules filed open to and available for public inspection under commission rules.
63 A public utility must not, without the consent of the commission, directly or indirectly, in any way charge, demand, collect or receive from any person for a regulated service provided by it, or to be provided by it, compensation that is greater than, less than or other than that specified in the subsisting schedules of the utility applicable to that service and filed under this Act and the regulations.
64 (1) If the commission, after a hearing, finds that under a contract entered into by a public utility a person receives a regulated service at rates that are unduly preferential or discriminatory, the commission may
(a) declare the contract unenforceable, either wholly or to the extent the commission considers proper, and the contract is then unenforceable to the extent specified, or
(b) make any other order it considers advisable in the circumstances.
(2) If a contract is declared unenforceable either wholly or in part, the commission may order that rights accrued before the date of the order be preserved, and those rights may then be enforced as fully as if no proceedings had been taken under this section.
Part 4 — Carriers, Purchasers and Processors
64.1 In this Part, "sufficient notice" means notice in the manner and form, within the period, with the content and by the person required by the commission.
65 (1) In this section, "common carrier" means a person declared to be a common carrier by the commission under subsection (2) (a).
(2) On application by an interested person and after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, the commission may
(a) issue an order, to be effective on a date determined by it, declaring a person who owns or operates a pipeline for the transportation of
(i) one or more of crude oil, natural gas and natural gas liquids, or
(ii) any other type of energy resource prescribed by the Lieutenant Governor in Council,
to be a common carrier with respect to the operation of the pipeline, and
(b) in the order establish the conditions under which the common carrier must accept and carry energy resources.
(3) On application by a person that uses or seeks to use facilities operated by a common carrier, the commission, by order and after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, may establish the conditions under which the common carrier must accept and carry crude oil, natural gas, natural gas liquids or prescribed energy resources referred to in subsection (2) (a).
(4) A common carrier must not unreasonably discriminate
(a) between itself and persons who apply to the common carrier to transport, in its pipeline, crude oil, natural gas, natural gas liquids or prescribed energy resources referred to in subsection (2) (a) (ii), or
(b) among the persons who so apply.
(5) A common carrier must comply with the conditions in any order applicable to the common carrier that is made under this section.
(6) The commission may, by order and after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, vary an order made under this section.
(7) If an agreement between a common carrier and another person
(a) is made before an order is made under this section, and
(b) is inconsistent with the conditions established by the commission in an order made under this section,
the commission may, in the order or in a subsequent order, after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, vary the agreement between the parties to eliminate the inconsistency.
(8) Subject to subsection (9), if an agreement is varied under subsection (7), the common carrier and the commission are not liable for damages suffered as a result of that variation by the other party to the agreement.
(9) Subsection (8) does not apply to a common carrier referred to in that subsection in relation to anything done or omitted by that person in bad faith.
66 (1) In this section, "common purchaser" means a person declared to be a common purchaser by the commission under subsection (2).
(2) On application by an interested person and after a hearing, sufficient notice of which has been given to persons the commission believes may be affected, the commission may issue an order, to be effective on a date determined by it, declaring a person who purchases or otherwise acquires, from a pool designated by the commission, crude oil, natural gas or natural gas liquids to be a common purchaser of the crude oil, natural gas or natural gas liquids.
(3) On application by a person whose crude oil, natural gas or natural gas liquids is or will be purchased by a common purchaser, the commission, by order and after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, may establish the conditions under which the common purchaser must purchase crude oil, natural gas or natural gas liquid.
(4) A common purchaser must not unreasonably discriminate
(a) between itself and persons who apply for the services offered by the common purchaser, or
(b) among the persons who so apply.
(5) A common purchaser must comply with the conditions in any order applicable to the common purchaser that is made under this section.
(6) The commission may, by order and after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, vary an order made under this section.
(7) If an agreement between a common purchaser and another person
(a) is made before an order is made under this section, and
(b) is inconsistent with the conditions established by the commission in an order made under this section,
the commission may, in the order or in a subsequent order, after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, vary the agreement between the parties to eliminate the inconsistency.
(8) Subject to subsection (9), if an agreement is varied under subsection (7), the common purchaser and the commission are not liable for damages suffered as a result of that variation by the other party to the agreement.
(9) Subsection (8) does not apply to a common purchaser referred to in that subsection in relation to anything done or omitted by that person in bad faith.
67 (1) In this section, "common processor" means a person declared to be a common processor by the commission under subsection (2).
(2) On application by an interested person and after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, the commission may issue an order, to be effective on a date determined by it, declaring the person that owns or operates a plant for processing natural gas to be a common processor of natural gas.
(3) On application by a person that uses or seeks to use facilities operated by a common processor, the commission, by order and after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, may establish the conditions under which the common processor must accept and process natural gas.
(4) A common processor must not unreasonably discriminate
(a) between itself and persons who apply for the services offered by the common processor, or
(b) among the persons who so apply.
(5) A common processor must comply with the conditions in any order applicable to the common processor made under this section.
(6) The commission may, by order and after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, vary an order made under this section.
(7) If an agreement between a common processor and another person
(a) is made before an order is made under this section, and
(b) is inconsistent with the conditions established by the commission in an order made under this section,
the commission may, in the order or a subsequent order, after a hearing, sufficient notice of which has been given to all persons the commission believes may be affected, vary the agreement between the parties to eliminate the inconsistency.
(8) Subject to subsection (9), if an agreement is varied under subsection (7), the common processor and the commission are not liable for damages suffered as a result of that variation by the other party to the agreement.
(9) Subsection (8) does not apply to a common processor referred to in that subsection in relation to anything done or omitted by that person in bad faith.
Part 5 — Electricity Transmission
68 In this Part:
"electricity transmission facilities" means conductors, circuits, transmission towers, substations, switching stations, transformers and any other equipment or facilities that are necessary for the purpose of transmitting electricity;
"energy" means electricity or natural gas;
"energy supply contract" means a contract under which energy is sold by a seller to a public utility or another buyer, and includes an amendment of that contract, but does not include a contract in respect of which a schedule is approved under section 61 of this Act;
"gas marketer" means a person who holds a gas marketer licence issued under section 71.1 (6) (a);
"low-volume consumer" has the meaning ascribed to it under rules made by the commission under section 71.1 (10);
"natural gas" means any methane, propane or butane that is sold for consumption as a domestic, commercial or industrial fuel or as an industrial raw material;
"public utility" means a public utility to which Part 3 applies;
"seller" means a person who sells or trades in energy.
70 (1) On application and after a hearing, the commission may make an order directing a public utility to allow a person, other than a public utility, to use the electricity transmission facilities of the public utility if the commission finds that
(a) the person and the public utility have failed to agree on the use of the facilities or on the conditions or compensation for their use,
(b) the use of the facilities will not prevent the public utility or other users from performing their duties or result in any substantial detriment to their service, and
(c) the public interest requires the use of the facilities by the person.
(2) An order under subsection (1) may contain terms and conditions the commission considers advisable, including terms and conditions respecting the rates payable to the public utility for the use of its electricity transmission facilities.
(3) After a hearing, the commission may, by order, vary or rescind an order made under this section.
(4) Any interested person may apply to the commission for an order under this section, and the application must contain the information the commission specifies.
71 (1) Subject to subsection (1.1), a person who, after this section comes into force, enters into an energy supply contract must
(a) file a copy of the contract with the commission under rules and within the time it specifies, and
(b) provide to the commission any information it considers necessary to determine whether the contract is in the public interest.
(1.1) Subsection (1) does not apply to an energy supply contract for the sale of natural gas unless the sale is to a public utility.
(2) The commission may make an order under subsection (3) if the commission, after a hearing, finds that a contract to which subsection (1) applies is not in the public interest by reason of
(a) the quantity of the energy to be supplied under the contract,
(b) the availability of supplies of the energy referred to in paragraph (a),
(c) the price and availability of any other form of energy, including but not limited to petroleum products, coal or biomass, that could be used instead of the energy referred to in paragraph (a),
(d) in the case only of an energy supply contract that is entered into by a public utility, the price of the energy referred to in paragraph (a), or
(e) any other factor that the commission considers relevant to the public interest.
(3) If subsection (2) applies, the commission may
(a) by order, declare the contract unenforceable, either wholly or to the extent the commission considers proper, and the contract is then unenforceable to the extent specified, or
(b) make any other order it considers advisable in the circumstances.
(4) If an energy supply contract is, under subsection (3) (a), declared unenforceable either wholly or in part, the commission may order that rights accrued before the date of the order under that subsection be preserved, and those rights may then be enforced as fully as if no proceedings had been taken under this section.
(5) An energy supply contract or other information filed with the commission under this section must be made available to the public unless the commission considers that disclosure is not in the public interest.
71.1 (1) A person must not perform a gas marketing activity within the meaning of subsection (2) unless
(a) the person is a public utility and the public utility performs the gas marketing activity within any area in which it is authorized to provide service, or
(b) the person holds a gas marketer licence issued to the person under subsection (6) (a).
(2) For the purposes of subsection (1), a person performs a gas marketing activity if the person
(a) sells or offers to sell natural gas to a low-volume consumer,
(b) acts as the agent or broker for a seller in a sale of natural gas to a low-volume consumer, or
(c) acts or offers to act as the agent or broker of a low-volume consumer in a purchase of natural gas.
(3) A gas marketer must comply with the commission rules issued under subsection (10) and the terms and conditions, if any, attached to the gas marketer licence held by the gas marketer.
(4) A gas marketer must not carry on or offer to carry on business as a gas marketer in a name other than the name in which it is licensed unless authorized to do so in the licence.
(5) If a person is not in compliance with subsection (1), (3) or (4), the commission may do one or more of
(a) declare an energy supply contract between the person and a low-volume consumer unenforceable, either wholly or to the extent the commission considers proper, in which event the contract is enforceable to the extent specified, and
(b) if the person is a gas marketer,
(i) amend the terms and conditions of, or impose new terms and conditions on, the gas marketer licence, and
(ii) suspend or cancel the gas marketer licence.
(6) The commission may
(a) on application, issue a gas marketer licence to any person who is not a public utility,
(b) impose, in respect of any gas marketer licence issued by the commission, terms and conditions that the commission considers appropriate,
(c) amend any of the terms and conditions imposed in respect of a gas marketer licence, and
(d) suspend or cancel a gas marketer licence.
(7) The commission may require, as a condition of granting a gas marketer licence, that the gas marketer post security in a form, and in accordance with such terms and conditions, as the commission considers appropriate.
(8) The commission may order that some or all of the security posted by a gas marketer in accordance with a requirement imposed under subsection (7) be paid out to those persons who the commission considers have been or may be affected by an act or omission of the gas marketer.
(9) Section 43 applies to each gas marketer as if that gas marketer were a public utility.
(10) The commission may make the following rules:
(a) defining “low-volume consumer”;
(b) respecting the process by which application may be made for a gas marketer licence and specifying the form and content of applications for that licence;
(c) respecting the imposition of terms and conditions on gas marketer licences;
(d) requiring an applicant for a gas marketer licence to obtain a bond, letter of credit or other specified security and requiring the filing with the commission of proof, satisfactory to the commission, of that security;
(e) respecting the form and content of security that may be required under paragraph (d) and the person by whom and the terms on which it is to be held;
(f) respecting the circumstances in which and the persons to whom disbursement of some or all of the security required under paragraph (d) is to be made.
Part 6 — Commission Jurisdiction
72 (1) The commission has jurisdiction to inquire into, hear and determine an application by or on behalf of any party interested, complaining that a person constructing, maintaining, operating or controlling a public utility service or charged with a duty or power relating to that service, has done, is doing or has failed to do anything required by this Act or another general or special Act, or by a regulation, order, bylaw or direction made under any of them.
(2) The commission has jurisdiction to inquire into, hear and determine an application by or on behalf of any party interested, requesting the commission to
(a) give a direction or approval which by law it may give, or
(b) approve, prohibit or require anything to which by any general or special Act, the commission's jurisdiction extends.
73 (1) The commission may order and require a person to do immediately or by a specified time and in the way ordered, so far as is not inconsistent with this Act, the regulations or another Act, anything that the person is or may be required or authorized to do under this Act or any other general or special Act and to which the commission's jurisdiction extends.
(2) The commission may forbid and restrain the doing or continuing of anything contrary to or which may be forbidden or restrained under any Act, general or special, to which the commission's jurisdiction extends.
74 For the purposes of this Act, the commission may
(a) enter on and inspect property, and
(b) require the taking of depositions inside or outside of British Columbia.
75 The commission must make its decision on the merits and justice of the case, and is not bound to follow its own decisions.
76 (1) The fact that a liquidator, receiver, manager or other official of a public utility, or other person engaged in the petroleum industry, or a person seizing a public utility's property has been appointed by a court in British Columbia, or is acting under the authority of a court, does not prevent the exercise by the commission of any jurisdiction conferred by this Act.
(2) A liquidator, receiver, manager, official or person seizing must act in accordance with this Act and the orders and directions of the commission, whether the orders are general or particular.
(3) The liquidator or other person referred to in subsection (1), and any person acting under that person, must obey the orders of the commission, within its jurisdiction, and the commission may enforce its orders against the person even though the person is appointed by or acts under the authority of a court.
77 If a work, act, matter or thing is, by order or decision of the commission, required to be performed or completed within a specified time, the commission may, if the circumstances of the case in its opinion so require, extend the time so specified
(a) on notice and hearing, or
(b) in its discretion, on application, without notice to any person.
78 (1) [Repealed 2004-45-169.]
(2) An inquiry that the commission considers necessary may be made by a member or officer or by a person appointed by the commission to make the inquiry, and the commission may act on that person's report.
(3) Each member, officer and person appointed has, for the purpose of the inquiry, the powers conferred on the commission by section 74 of this Act and section 34 (3) and (4) of the Administrative Tribunals Act.
(4) If a person is appointed to inquire and report on a matter, the commission may order by whom, and in what proportion, the costs incurred must be paid, and may set the amount of the costs.
79 The determination of the commission on a question of fact in its jurisdiction, or whether a person is or is not a party interested within the meaning of this Act, is binding and conclusive on all persons and all courts.
80 In determining a question of fact, the commission is not bound by the finding or order of a court in a proceeding involving the determination of that fact, and the finding or order is, before the commission, evidence only.
81 The fact that a suit, prosecution or other proceeding in a court involving questions of fact is pending does not deprive the commission of jurisdiction to hear and determine the same questions of fact.
82 (1) The commission
(a) may, on its own motion, and
(b) must, on the request of the Lieutenant Governor in Council,
inquire into, hear and determine a matter that under this Act it may inquire into, hear or determine on application or complaint.
(2) For the purpose of subsection (1), the commission has the same powers as are vested in it by this Act in respect of an application or complaint.
83 If a complaint is made to the commission, the commission has powers to determine whether a hearing or inquiry is to be had, and generally whether any action on its part is or is not to be taken.
84 The enumeration in this Act of a specific commission power or authority does not exclude or limit other powers or authorities given to the commission.
85 (1) Except in case of urgency, of which the commission is sole judge, the commission must not, without a hearing, make an order involving an outlay, loss or deprivation to a public utility.
(2) If an order is made in case of urgency without a hearing, on the application of a person interested, the commission must as soon as practicable hear and reconsider the matter and make any further order it considers advisable.
86 If this Act requires that a hearing be held, it must be a public hearing whenever, in the opinion of the commission or the Lieutenant Governor in Council, a public hearing is in the public interest.
86.2 (1) Despite any other provision of this Act, in any circumstance in which, under this Act, a hearing may or must be held, the commission may conduct a written hearing.
(2) The commission may make rules respecting the circumstances in which and the process by which written hearings may be conducted and specifying the form and content of materials to be provided for written hearings.
87 In making an order, the commission is not required to recite or show on the face of the order the taking of any proceeding, the giving of any notice or the existence of any circumstance necessary to give the commission jurisdiction.
88 (1) In making an order, rule or regulation, the commission may make it apply to all cases, or to a particular case or class of cases, or to a particular person.
(2) The commission may exempt a person from the operation of an order, rule or regulation made under this Act for a time the commission considers advisable.
(3) The commission may, on conditions it considers advisable, with the advance approval of the Lieutenant Governor in Council, exempt a person, equipment or facilities from the application of all or any of the provisions of this Act or may limit or vary the application of this Act.
(4) The commission has no power under this section to make an order respecting a matter that is subject to section 22.