Public Utilities Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.24
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
Contents
1. Definitions 2. Application 2.1. Application to Taltson River Facility 3. Public Utilities Board 4. Appointment of members 5. Chairperson 6. Vice- chairperson 7. Division of Board 7.1. Joint division 8. Sittings of Board 9. Secretary 10. Duties of secretary 11. Conflict of interest 12. Expenses 13. Public service assistance 13.1. Request for advice 14. Executive Council directives 15. Board expenditures 16. Annual report 17. Exclusive jurisdiction 18. Declaration of Board 19. Determination final 20. Hearings 21. Powers of Board 22. Notice of hearings 23. Relief 24. Written reasons 25. Variation or rehearing 26. Costs of proceedings 27. Orders without notice 28. Interim orders 29. Filing of order 30. Default 31. Coming into force 32. Extension of time 33. Evidence 34. Proof of document 35. Substantial compliance 36. Liability 36.1. Negotiated settlement 36.2. Approval of settlement 37. Filing 38. Request for Board review and approval 39. Review 40. Existing franchises 41. Application to Minister 42. Repealed 43. Filing of rate schedules 44. Interim order 45. Review 46. Amendment of schedule 47. Available to public 48. Discrimination in rates 49. Rate base 50. Fair return 51. Definition: "municipal taxing authority" 52. Complaints 53. Direction of Minister 54. Application for project permit 55. Cancellation or suspension 56. Improved service 57. Joint use of public area 58. Joint use of equipment 59. Work order 60. Standards 61. Rules 62. Contracts 63. Terms and conditions of service 64. Filing of capital plan 65. Review of public utilities 66. Discon- tinuance of service 67. Restraint on borrowing 68. Restraint on disposition 69. Restraint on merger 70. Restraint on share issue 71. Contravention 72. Duty of public utility to comply 73. Duty to comply 74. Providing information 75. Office and records 76. Duty to provide service 77. Effect of other legislation 78. Appeal 79. Application of rules 80. Service of notice 81. Costs 82. Grant of stay: Supreme Court 83. Decision on appeal 84. Stated case 85. Court of Appeal 86. Offences 87. Responsibility for employees 88. Duty of director or officer 89. Punishment 90. Continuing offence 91. Effect of punishment 92. Regulations 93. Repealed 94. Repealed
Regulations
Aurora Village Electrical Franchise (2019-2029) OrderColville Lake Electrical Franchise (2018-2028) OrderDettah Electrical Franchise (2018-2028) OrderJean Marie River Electrical Franchise (2018-2028) OrderKakisa and Dory Point Electrical Franchise (2026-2031) OrderLutselk'e Electrical Franchise (2018-2028) OrderNahanni Butte Electrical Franchise (2018-2028) OrderPine Point Electrical Franchise (2022-2035) OrderPublic Utilities RegulationsRiverwoods Electrical Franchise (2026-2031) OrderRules of Practice and ProcedureSambaa K'e Electrical Franchise (2026-2031) OrderWrigley Electrical Franchise (2018-2028) Order

INTERPRETATION

Definitions

1.

In this Act,

"Board" means the Public Utilities Board established by section 3; (Régie)

"capital plan" means a plan of a public utility showing the planned capital expenditures of the public utility that are

(a) identified by the utility as expenditures for the purpose of operating as a public utility, and

(b) intended by the utility to be included in its rate base,

for the five years following the year in which the capital plan is filed with the Board; (plan d’immobilisations)

"chairperson" means the chairperson of the Board; (président)

"energy" means

(a) electricity,

(b) heat that is supplied through a district heating system by hot water, hot air or steam,

(c) manufactured gas, liquefied petroleum gas or natural gas that is supplied through a pipeline, or

(d) a prescribed form of energy or power supplied in any manner; (énergie)

"franchise" means an agreement between a public utility and

(a) a municipal council giving the public utility the right to operate within the municipality, or

(b) the Minister giving the public utility the right to operate outside a municipality; (franchise)

"hearing" means a hearing of which public notice is given, which is open to the public and at which any person whom the Board determines to have an interest in the matter may be heard; (audience)

"order" includes an interim order; (arrêté) "public utility" means a person who owns, operates, manages or controls in the Northwest Territories a system, equipment, works, plant or facilities for the supply and sale of energy

(a) directly to two or more persons or other entities capable of entering into a contract to purchase energy, or

(b) to a customer or chain of customers who supply and sell energy to the public,

and the lessees and trustees of that person or a liquidator or receiver appointed by a court to that person. (entreprise de service public) S.N.W.T. 2004,c.7,Sch.B,s.8; S.N.W.T. 2011,c.8, s.23(2); S.N.W.T. 2011,c.28,s.2,3; S.N.W.T. 2013, c.23,s.12(2).

APPLICATION

Application

2.

This Act applies to the Northwest Territories Power Corporation, as established by the Northwest Territories Power Corporation Act. S.N.W.T. 2011, c.28,s.4.

Application to Taltson River Facility

2.1.

(1) This Act applies to the supply and sale of energy generated by the Twin Gorges Hydroelectric Generating Facility on the Taltson River and any expansion of, addition to or replacement of that Facility, and distributed to customers in and near Enterprise, Fort Resolution, Fort Smith, Hay River and the Hay River Reserve.

Exception

(2) This Act shall not apply to the supply and sale of energy generated by the Twin Gorges Hydroelectric Generating Facility on the Taltson River and any expansion of, addition to or replacement of that Facility, and distributed to customers over transmission lines that have not been constructed on the day this section comes into force, unless those lines connect with and branch off transmission lines that had been constructed before that day. S.N.W.T. 2007, c.9, s.36; S.N.W.T. 2011,c.28,s.5.

ADMINISTRATION

Public Utilities Board

3.

(1) A board called the Public Utilities Board is established.

Composition

(2) The Board is comprised of

(a) five members; and

(b) not more than six temporary members.

Temporary members

(3) A temporary member shall perform the same duties and may exercise the same powers as a member. S.N.W.T. 2011,c.28,s.6.

Appointment of members

4.

The Minister, on the recommendation of the Executive Council,

(a) shall appoint persons as members of the Board to hold office during pleasure for a term not exceeding five years; and

(b) may appoint persons as temporary members of the Board for the purpose of dealing with a particular matter before the Board and may specify the term and duties of the temporary member in the appointment.

Chairperson

5.

(1) The Minister, on the recommendation of the Executive Council, shall designate a member of the Board, other than a temporary member, to be the chairperson of the Board.

Chief executive officer

(1.1) The chairperson is the chief executive officer of the Board and shall supervise, manage and direct the business of the Board in accordance with the direction of the Board.

Duties

(2) The chairperson shall

(a) preside over sittings of the Board; and

(b) supervise the employees of the Board.

Delegation

(3) The chairperson may delegate any of his or her powers or duties under this Act to a member of the Board, other than a temporary member. R.S.N.W.T. 1988,c.110(Supp.),s.2.

Vice- chairperson

6.

(1) The Minister, on the recommendation of the Executive Council, shall designate a member of the Board, other than a temporary member, to be the vice- chairperson of the Board.

Powers and duties

(2) Where the office of the chairperson is vacant or the chairperson is absent or unable to act as chairperson, the vice-chairperson shall perform the duties and may exercise the powers of the chairperson under this Act.

Division of Board

7.

(1) The chairperson may

(a) designate two or more members of the Board, one of whom is not a temporary member, to sit as a division of the Board; and

(b) direct that division to conduct any proceeding that the Board itself could conduct.

Quorum

(2) Two members, one of whom is not a temporary member, constitute a quorum at any sitting of a division of the Board.

Effect of decision or act

(3) A decision or act of a division of the Board is a decision or act of the Board.

Powers and duties

(4) A division of the Board has all of the jurisdiction and shall perform the duties and may exercise the powers of the Board with respect to any proceeding being conducted by the division.

Presiding member

(5) The chairperson may designate a member of a division of the Board, other than a temporary member, to preside over a sitting of the division.

Joint division

7.1.

(1) Where a public utility operates or proposes to operate in another province or territory as well as in the Northwest Territories, the Board may enter into an agreement with the public utilities board or other body of like jurisdiction of the province or territory for the establishment of a joint division of the Board and that body.

Agreement

(2) An agreement made under subsection (1) may

(a) specify the number of members of each body that constitute the joint division;

(b) specify the number of members of each body that constitute a quorum of the joint division;

(c) designate a chair of the joint division; and

(d) provide for the conduct by the joint division of any proceeding that the Board itself could conduct.

Designation of members

(3) Where an agreement has been made under subsection (1), the chairperson may designate two or more members of the Board, one of whom is not a temporary member, to be members of the joint division.

Effect of decision or act

(4) A decision or act of a joint division is a decision or act of the Board.

Powers and duties

(5) A joint division has all of the jurisdiction and shall perform the duties and may exercise the powers of the Board with respect to any proceeding being conducted by the joint division. S.N.W.T. 1999, c.10, s.2; S.N.W.T. 2011,c.28,s.3.

Sittings of Board

8.

(1) The Board shall sit at the times and conduct its proceedings in the manner that it considers necessary to perform its duties under this Act.

Quorum

(2) Three members who are not temporary members constitute a quorum at a sitting of the Board.

Rules

(3) The Board may make rules respecting its sittings and procedure of the Board. S.N.W.T. 2011, c.28,s.7.

Secretary

9.

(1) The Minister, on the recommendation of the chairperson, shall appoint a secretary to the Board.

Member of public service

(2) The secretary is a member of the public service, as defined in the Public Service Act. R.S.N.W.T. 1988,c.110(Supp.),s.3.

Duties of secretary

10.

(1) The secretary shall

(a) keep a record of all proceedings before the Board or a division of the Board;

(b) have custody of all records and documents belonging to or filed with the Board; and

(c) ensure that every rule, order or decision of the Board is signed by the chairperson and filed in the records of the Board.

Available to public

(2) The secretary shall make available for public inspection during regular business hours all rules, orders or decisions of the Board and all documents filed with the Board.

Conflict of interest

11.

The Conflict of Interest Act applies to members of the Board.

Expenses

12.

(1) Every member of the Board is entitled to be reimbursed at the prescribed rates for expenses incurred while the member is away from his or her ordinary place of residence on Board business.

Honoraria

(2) The members of the Board, except the chairperson, shall be paid the honoraria that are prescribed for their respective duties. R.S.N.W.T. 1988,c.110(Supp.),s.4.

Public service assistance

13.

(1) Subject to the Public Service Act, the Board may be assisted in the administration of its affairs by the persons in the public service that the Minister may designate for the purpose.

Special assistance

(2) The Board may from time to time engage persons having special or technical knowledge necessary to assist the Board in carrying out its functions.

Request for advice

13.1.

(1) The Minister may request the Board to provide advice on any matter specified by the Minister.

Confidentiality

(2) Advice provided by the Board is confidential, and may only be disclosed by the Minister. S.N.W.T. 2011,c.28,s.8.

Executive Council directives

14.

(1) The Executive Council may issue directives to the Board respecting

(a) policies to be applied by the Board in the determination of its orders, decisions and rules; and

(b) the general performance of the duties of the Board.

Implementa- tion

(2) The Board shall ensure that directives of the Executive Council are implemented promptly and efficiently. S.N.W.T. 2011,c.28,s.8.

Board expenditures

15.

The expenditures of the Board must be made from money appropriated for that purpose by the Legislative Assembly.

Annual report

16.

(1) The Board shall, by March 31 in each year, submit to the Minister a report of its activities for the previous year.

Laying report before Legislative Assembly

(2) The Minister shall lay the report before the Legislative Assembly as soon as possible after its submission. S.N.W.T. 2011,c.28,s.9.

JURISDICTION AND POWERS

OF THE BOARD

Exclusive jurisdiction

17.

(1) The Board has exclusive jurisdiction in all cases and for all matters in which jurisdiction is conferred on it by this Act, the regulations or any other enactment.

Judicial review

(2) Unless otherwise provided in this Act, an order, decision, rule or proceeding of the Board shall not be questioned, reviewed or restrained by or on an application for judicial review or other process or proceeding in any court.

Declaration of Board

18.

(1) The Board may, on its own initiative or on application of a person having an interest, by order, declare

(a) that a public utility is not for the purposes of this Act a public utility; and

(b) that a provision of this Act does not apply to

(i) a public utility, or

(ii) goods or services offered or provided by a public utility.

Terms and conditions

(2) The Board may impose the terms and conditions that it considers necessary in an order made under subsection (1). S.N.W.T. 2011,c.28,s.10.

Determination final

19.

The determination of the Board on a question of fact or as to whether a person is an interested person within the meaning of this Act is binding and conclusive on all persons and all courts.

Hearings

20.

(1) The Board shall hold a hearing where required by this Act and in other cases may hold a hearing on its own motion.

Evidence

(2) In conducting a hearing, the Board is not subject to the technical rules of evidence.

Powers of Board

21.

(1) The Board may

(a) exercise the powers of a board appointed under the Public Inquiries Act; and

(b) order any person to provide information in the possession or control of that person respecting the operation of a public utility.

Mandatory and restraining orders

(2) The Board may order a person

(a) to do anything that the person may be required or authorized to do under this Act or the regulations; or

(b) to stop or refrain from doing anything that the person may be forbidden or restrained from doing under this Act or the regulations or anything that is in contravention of this Act, the regulations or an order, decision or rule of the Board.

Notice of hearings

22.

(1) Subject to section 28, where the Board is required by or authorized under this Act to hold a hearing, the Board shall give reasonable notice of the hearing.

Service of notice

(2) Where this Act, the regulations or rules made under this Act require the Board to give notice to a person, the notice must be in writing and may be

(a) served personally;

(b) mailed or sent by electronic transmission, to the address of the person; or

(c) published in a newspaper that is circulated in the Northwest Territories and in the locality affected by the hearing, inquiry, order or decision.

Notice by mail

(3) Where a notice is mailed, service of the notice is deemed to be effected 14 days after the date of mailing.

Notice in newspaper

(4) Where a notice is published in a newspaper, service of the notice is deemed to be effected seven days after the date of publication of the newspaper.

Notice to public

(5) The Board shall give notice of a hearing to the public by publishing a notice in a newspaper that is circulated in the Northwest Territories and in the locality affected by the hearing. S.N.W.T. 2011, c.28,s.3,11.

Relief

23.

In a proceeding under this Act, the Board may

(a) grant all or part of the relief requested; and

(b) grant further or other relief as the Board considers advisable.

Written reasons

24.

(1) The Board shall prepare written reasons for every decision or order that the Board renders.

Copies of decision

(2) The Board shall,

(a) where a hearing has been held, provide copies of the decision or order to the parties to the hearing; or

(b) where a hearing has not been held,

(i) provide copies of the decision or order to interested persons, or

(ii) publish a notice of the decision or order in a newspaper that is circulated in the Northwest Territories and in the locality affected by the decision or order.

S.N.W.T. 2011,c.28,s.3.

Variation or rehearing

25.

(1) The Board may vary or rescind a decision, order or rule made by the Board and may rehear a matter before deciding it.

Rehearing required

(2) Where an order, decision or rule is made by the Board after a hearing, the order, decision or rule shall not be suspended, revoked or altered without a hearing.

Minor and clerical errors

(3) Notwithstanding subsection (2), the Board may correct minor or clerical errors in an order, decision or rule without a hearing and the Board shall give notice of the correction to all parties.

Costs of proceedings

26.

The costs of and incidental to a proceeding before the Board or any investigation or review made by the Board, including the costs of an interested person, are in the discretion of the Board and the Board may order by whom, to whom and in what amount the costs are to be paid.

Orders without notice

27.

(1) Where the Board

(a) is authorized under this Act to make a decision or order, and

(b) considers that special circumstances warrant waiving any requirement for notice,

the Board may make the decision or order as if proper notice had been given to interested persons.

Notice

(2) The Board shall give notice of a decision or order made under subsection (1) to interested persons.

Application to Board

(3) An interested person may, within 45 days after receiving notice of a decision or order made under subsection (1), apply to the Board to vary or rescind the decision or order.

Rehearing

(4) Where an application is made under subsection (3), the Board shall hear the application and

(a) vary or rescind the decision or order; or

(b) dismiss the application.

S.N.W.T. 2011,c.28,s.12.

Interim orders

28.

(1) The Board may make an interim order without a hearing.

Limited duration

(2) The Board shall not make an interim order for a longer time than it considers necessary to make a final decision.

Notice

(3) The Board shall give notice of an interim order to interested persons.

Application

(4) An interested person may, before a final decision is made, apply to the Board to vary or rescind an interim order. S.N.W.T. 2011,c.28,s.13.

Filing of order

29.

(1) The secretary to the Board may file a certified copy of a decision or order of the Board with the Clerk of the Supreme Court.

Enforcement

(2) A decision or order that is filed under subsection (1) may be enforced in the same manner as an order of the Supreme Court. S.N.W.T. 1998, c.21, s.15(2).

Default

30.

(1) Where a person defaults in doing anything directed by an order of the Board, the Board may authorize another person to carry out the order.

Expense

(2) The Board may order the person in default to pay to the person authorized in subsection (1) the expense incurred by that person in acting under the authority of subsection (1) and the statement of the amount expended that is stated in the order is conclusive evidence of the amount.

Coming into force

31.

The Board may direct that an order, decision or rule made by the Board or any part of the order, decision or rule shall come into force

(a) at a future date;

(b) on the happening of an event specified in the order, decision or rule; or

(c) on the performance of a term in the order, decision or rule.

Extension of time

32.

Where the Board orders or directs that an act or thing is to be performed or completed within a specified time, the Board may extend the time for doing the act or thing, where it considers that the circumstances warrant the extension. S.N.W.T. 2011, c.28,s.14.

Evidence

33.

The Board may, for purposes not related to the conduct of a hearing, accept and act on evidence by affidavit or written statement, the report of any of its members, employees, officers or agents or on evidence obtained in any other manner that the Board considers sufficient.

Proof of document

34.

A copy of a document in the custody of the secretary to the Board, purporting to be certified by the secretary to be a true copy, is, in the absence of evidence to the contrary, proof of the document without proof of the signature.

Substantial compliance

35.

Substantial compliance with this Act is sufficient to give effect to the orders, decisions, rules and acts of the Board and none of them shall be declared inoperative, illegal or void for want of form or because of an error or omission of a technical or clerical nature.

Liability

36.

No proceeding shall be brought against the Board or a member, employee, officer or agent of the Board for anything done in good faith in the performance or intended performance of a duty imposed or a power conferred by this Act.

NEGOTIATED SETTLEMENTS

Negotiated settlement

36.1.

(1) Two or more interested persons may, in accordance with the directions of the Board, negotiate the settlement of an issue that is within the jurisdiction of the Board.

Settlement filed

(2) A settlement negotiated under subsection (1) may be filed with the Board.

Provision of documents

(3) Subject to subsection (4), the Board may require an interested person to provide any documents or information relating to the settlement that the Board considers relevant.

Confidential information

(4) The Board shall not receive or consider any submission, position, evidence or information that an interested person has provided confidentially or without prejudice in the negotiation of a settlement without the written consent of the interested person. S.N.W.T. 1998,c.21,s.15(3).

Approval of settlement

36.2.

(1) Subject to subsection (2), the Board may approve, in whole or in part, or reject a settlement that is filed with the Board under subsection 36.1(2).

Approval of part of settlement

(2) The Board may not approve part of a settlement if the parties have negotiated it on the basis that the settlement is contingent on the Board approving the settlement as a whole.

Hearing

(3) Before considering a settlement under subsection (1), the Board may hold a hearing. S.N.W.T. 1998,c.21,s.15(3).

PUBLIC UTILITIES FRANCHISE

Filing

37.

(1) A public utility shall file with the Board a copy of its franchise before the public utility intends to begin operating under the franchise.

Amendment

(2) Where the franchise of a public utility is amended, the public utility shall file with the Board a copy of the amended franchise.

Request for Board review and approval

38.

(1) A public utility or the council of a municipal corporation may ask the Board to review and approve a franchise or an amendment to a franchise giving a public utility the right to operate within the municipality.

Board approval

(2) Where a public utility or the council of a municipal corporation has asked the Board to review and approve a franchise or an amendment to a franchise under subsection (1), the franchise or amendment to the franchise is of no effect until approved by the Board. S.N.W.T. 1998,c.21,s.15(4).

Review

39.

(1) The Board shall review a franchise or an amendment to a franchise where it has been asked to do so under subsection 38(1) and may hold a hearing.

Power of Board

(2) The Board shall consider all matters that it considers relevant in deciding whether to approve a franchise or amendment.

Approval of franchise

(3) At the conclusion of the review referred to in subsection (1), the Board shall

(a) approve the franchise or amendment, with or without conditions; or

(b) refuse to approve the franchise or amendment.

Grounds for approval

(4) The Board shall approve a franchise or an amendment where the Board is satisfied that the franchise or amendment is in the public interest.

Mandatory statement in approval

(5) Where the Board approves a franchise or amendment, the Board shall state in the approval that the public utility is to supply energy to meet the reasonable needs of the franchise area. S.N.W.T. 1998,c.21,s.15(5).

Existing franchises

40.

(1) A public utility franchise approved under the Public Utilities Act, R.S.N.W.T. 1974, c.P-17 is deemed to have been approved by the Board under this Act. S.N.W.T. 2011,c.28,s.15.

(2) Repealed, S.N.W.T. 2011,c.28,s.15.

Application to Minister

41.

(1) A public utility that wishes to operate outside a municipality or to amend a franchise granted under subsection (2) shall apply to the Minister in a form containing the prescribed information.

Grant of franchise

(2) The Minister may, by order,

(a) grant a franchise to the public utility to operate outside a municipality; or

(b) make an amendment to a franchise granted under this section.

Transmittal of order

(3) The Minister shall transmit every order made under subsection (2) to the Board. S.N.W.T. 1998, c.21,s.15(6); S.N.W.T. 1999,c.6,s.8.

42.

Repealed, S.N.W.T. 1998,c.21,s.15(7).

RATES

Filing of rate schedules

43.

(1) The Board shall make rules requiring every public utility to file a schedule showing all rates established by the public utility and collected, charged or enforced or to be collected, charged or enforced by the public utility.

Compliance

(2) Every public utility shall comply with the rules made under subsection (1).

Prohibition

(3) No public utility shall collect, charge or enforce rates other than the rates shown in the schedule filed by the public utility and approved by the Board in accordance with this Act.

Application

(4) A public utility, municipal council or interested person may apply to the Board to amend a schedule filed under this section. S.N.W.T. 2011,c.8, s.23(3).

Interim order

44.

The Board may make an interim order with respect to a schedule filed under section 43.

Review

45.

Where a rate schedule is filed under section 43 or an application is made under subsection 43(4), the Board shall hold a hearing and may

(a) approve the schedule; or

(b) order the public utility to amend the schedule in accordance with rates fixed by the Board.

Amendment of schedule

46.

A public utility that is ordered to amend its schedule shall do so in conformity with the order and shall file the amended schedule with the Board.

Available to public

47.

A public utility shall keep a copy of the schedules under section 43 or 46 available for public inspection during regular business hours. S.N.W.T. 2011,c.28, s.16.

Discrimination in rates

48.

(1) No public utility shall

(a) make, demand or receive

(i) an unreasonable, unjustly discriminatory or unduly preferential rate for a service provided by it, or

(ii) a rate that otherwise contravenes this Act, the regulations, another enactment or an order of the Board;

(b) subject any person or locality to an undue prejudice or disadvantage in respect of rates or services; or

(c) extend to any person a form of agreement, facility or privilege, unless the agreement, facility or privilege is regularly and uniformly extended to all persons for service of the same description in substantially similar circumstances.

Question of fact

(2) It is a question of fact, of which the Board is the sole judge, whether

(a) a rate for service is unreasonable, unjustly discriminatory or unduly preferential;

(b) there is undue prejudice or disadvantage in respect of a rate or service; or

(c) a service is extended under substantially similar circumstances.

S.N.W.T. 2007,c.16,s.9(2); S.N.W.T. 2011,c.28,s.17.

Rate base

49.

(1) In fixing just and reasonable rates, the Board shall determine a rate base for the property of a public utility used or required to be used to provide service to the public within the Northwest Territories.

Elements considered

(2) In determining a rate base, the Board shall consider

(a) the cost of the property referred to in subsection (1) at the time that property was first devoted to public use, and to the prudent acquisition cost to the public utility, less depreciation, amortization or depletion; and

(b) the necessary working capital of the public utility.

S.N.W.T. 2011,c.28,s.3.

Fair return

50.

(1) The Board shall fix a fair return on the rate base of a public utility.

Facts considered

(2) In fixing a fair return, the Board shall consider all the facts that it considers relevant.

Definition: "municipal taxing authority"

51.

(1) In this section, "municipal taxing authority" means a municipal taxing authority as defined in the Property Assessment and Taxation Act.

Fixing rates

(2) In fixing just and reasonable rates to be charged by a public utility,

(a) the Board may consider all revenues and costs of the public utility that are in its opinion applicable to a period consisting of

(i) the whole of the fiscal year of the public utility in which a proceeding is initiated for the fixing of rates,

(ii) a subsequent fiscal year of the public utility, or

(iii) two or more consecutive fiscal years of the public utility referred to in subparagraphs (i) and (ii), and need not consider the allocation of the revenues and costs to any part of such a period;

(b) the Board may give effect to that part of any excess revenue received or any revenue deficiency incurred by the public utility that is in the opinion of the Board applicable to the whole of the fiscal year of the public utility in which a proceeding is initiated for the fixing of rates, that the Board determines is just and reasonable;

(c) the Board may give effect to that part of any excess revenue received or any revenue deficiency incurred by the public utility after the date on which a proceeding is initiated for the fixing of rates, that the Board determines has been due to undue delay in the hearing and determining of the matter; and

(d) the Board shall approve the method by which, and the period, including any subsequent fiscal period, during which, any excess revenue received or any revenue deficiency incurred, as determined under paragraph (b) or (c), is to be used or dealt with.

Rate and method of depreciation

(3) In fixing just and reasonable rates to be charged by a public utility, the Board shall fix proper and adequate rates and methods of depreciation, amortization and depletion in respect of the property of a public utility.

Franchise tax or fee

(4) In fixing just and reasonable rates to be charged by a public utility, the Board shall consider the cost to the public utility of any franchise tax or fee charged by a municipal taxing authority. S.N.W.T. 2011,c.28,s.18.

SUPERVISION OF PUBLIC UTILITIES

Complaints

52.

(1) Where a public utility, municipal council or interested person

(a) complains to the Board that a person has contravened or is contravening

(i) this Act or the regulations,

(ii) a project permit issued by the Board,

(iii) a franchise approved by the Board, or

(iv) an order, decision or rule of the Board, or

(b) requests the Board to direct, approve, require or prohibit anything over which the Board has jurisdiction under this Act,

the Board has jurisdiction to determine the matter and may decide

(c) whether to hold an inquiry or hearing, and

(d) whether to take any other action.

Complaints without merit

(2) The Board may refuse to take any action on a complaint that the Board considers frivolous, vexatious or without merit. S.N.W.T. 2011,c.8,s.23(3).

Direction of Minister

53.

(1) The Minister may direct the Board

(a) to inquire into or to hold a hearing on any matter over which the Board has jurisdiction under this Act; and

(b) to advise the Minister of its findings.

Compliance

(2) The Board shall comply with a direction of the Minister given under subsection (1).

Confident- iality

(3) No advice or report given by the Board to the Minister shall be disclosed, except by the Minister.

Application for project permit

54.

(1) A public utility shall apply to the Board for a project permit before undertaking a capital project having a total cost projected to exceed

(a) $5,000,000, or

(b) 10% of the utility’s rate base.

Contents of application

(2) An application for a project permit must contain the information required by the Board.

Hearing

(3) The Board may hold a hearing on an application for a project permit.

Grounds for decision

(4) The Board, in reviewing an application for a project permit, shall consider any matter it considers relevant, including

(a) the impact of the project on rates;

(b) the public need for the project; and

(c) the reliability of the public utility.

Decision on application

(5) The Board may

(a) approve an application, with or without conditions, and issue a project permit to the applicant; or

(b) refuse the application.

S.N.W.T. 2011,c.28,s.19.

Cancellation or suspension

55.

(1) Where, after a hearing, the Board finds that the holder of a project permit or franchise

(a) has not exercised or has not continued to exercise the rights granted by the permit or franchise, or

(b) has acted in contravention of

(i) the permit or franchise,

(ii) this Act or the regulations, or

(iii) an order, rule or decision of the Board directed to the holder,

the Board may

(c) suspend a right granted by the permit or franchise,

(d) suspend or cancel the permit or franchise, or

(e) make any other order that it considers necessary.

Notice of decision

(2) The Board shall give notice of a decision made under subsection (1) to interested persons. S.N.W.T. 2011,c.28,s.13.

Improved service

56.

(1) Where the Board, after a hearing, finds that the service of a public utility is unreasonable, unsafe, inadequate or unreasonably discriminatory, the Board shall determine what is reasonable, safe, adequate or fair service and order the utility to provide that service.

Extension of service

(2) Where the Board, after a hearing, finds 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 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 public utility elsewhere,

the Board may order the public utility to make the extension and may fix the terms of the extension.

Joint use of public area

57.

Where the Board, after a hearing, finds that

(a) a public utility has the right to enter a municipality to place its equipment on, along, across, over or under any public area owned by the municipal corporation, or

(b) a public utility cannot extend its system, line or apparatus between two places where it is authorized to operate, without

(i) placing its distribution equipment on, along, across, over or under a public area owned by a municipal corporation, or

(ii) making expenditures that the Board considers unreasonable,

but the public utility cannot agree with the municipal council on the use of the public area or on the terms of use, the Board may, by order,

(c) require the municipal council to allow the public utility to use the public area, where this can be done without unduly preventing other persons from using the public area, and

(d) fix the terms of use by the public utility.

S.N.W.T. 2011,c.8,s.23(3).

Joint use of equipment

58.

(1) Where the Board, after a hearing, finds that

(a) public convenience or necessity requires that a public utility use equipment owned by another public utility or a municipal corporation, 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,

but the utility cannot agree with the owner on the use of the equipment or on the terms of use, the Board may, by order,

(c) require the owner to allow the public utility to use the equipment, and

(d) fix the terms of use by the public utility.

Costs

(2) In an order referred to in subsection (1), the Board may

(a) order that the cost of carrying out the order is to be borne by one of the parties; or

(b) apportion the cost between the two parties.

S.N.W.T. 2011,c.8,s.23(3).

Work order

59.

On ordering that work be undertaken, the Board may direct

(a) by what interested person,

(b) at whose cost and expense,

(c) within what time,

(d) on what terms, and

(e) under whose supervision,

the work is to be done. S.N.W.T. 2011,c.28,s.20.

Standards

60.

The Board may, after a hearing,

(a) determine and fix just and reasonable standards, classifications and practices respecting service to be used by a public utility;

(b) determine and fix adequate and reasonable standards for measuring quantity, quality or other conditions of supplying service;

(c) make reasonable rules for examining, testing or measuring a service; or

(d) provide for the examination and testing of appliances used to measure a service of a utility.

Rules

61.

The Board may make rules respecting

(a) the extension of service by a public utility;

(b) the filing of franchises, capital plans, conditions of service or rate schedules;

(c) the information to be contained in an application for a project permit or in a project permit;

(d) reporting to the Board by public utilities;

(e) the terms and conditions to be contained in the terms and conditions of service of public utilities; and

(f) any other matter it considers necessary or advisable for

(i) the safety, convenience or service of the public,

(ii) the proper carrying out of this Act or the regulations, or

(iii) the proper carrying out by a public utility of a contract or franchise involving use of public property or rights.

S.N.W.T. 2011,c.28,s.13.

Contracts

62.

Where, after a hearing, the Board finds that, under a contract entered into with a public utility, a person receives a service at rates that are unduly preferential or unjustly discriminatory, the Board may

(a) declare the contract unenforceable, either wholly or to the extent the Board considers reasonable; or

(b) make any other order the Board considers advisable in the circumstances.

Terms and conditions of service

63.

(1) A public utility shall file with the Board a copy of its terms and conditions of service.

Amendment

(2) Where a public utility amends its terms and conditions of service, it shall file with the Board an amended copy of its terms and conditions of service.

Board approval

(3) No terms and conditions of service or amendment to terms and conditions of service are of any effect until approved by the Board.

Filing of capital plan

64.

A public utility shall, by December 31 in each year, file with the Board a capital plan that includes the information required by the Board. S.N.W.T. 2011, c.28,s.21.

Review of public utilities

65.

(1) The Board shall every three years and may at any other time review the affairs, earnings and accounts of each public utility.

Results public

(2) The secretary to the Board shall make available for public inspection the results of the review.

RESTRICTIONS ON

Discon- tinuance of service

66.

Where the Board has approved the franchise of a public utility, the public utility shall not discontinue its operation under the franchise without first obtaining the approval of the Board.

Restraint on borrowing

67.

(1) A public utility shall not issue a security or other evidence of indebtedness payable more than one year after the date of issue, without first obtaining the approval of the Board.

Approval

(2) Where the Board approves of the purpose of the proposed issue referred to in subsection (1) and is satisfied that it is to be made in accordance with every enactment governing the issue of securities, the Board may approve the proposed issue and may attach terms and conditions to the approval.

Restriction

(3) A public utility shall not, without first obtaining the approval of the Board,

(a) make a material alteration in the characteristics of its securities or other evidence of indebtedness as described in the approval of the Board given under subsection (2);

(b) where the public utility has issued a security or other evidence of indebtedness payable more than one year after the date of issue,

(i) increase a fixed dividend or interest rate or extend a maturity date for the issue,

(ii) restrict the right of the public utility to redeem the issue, or

(iii) increase the premium to be paid on redemption; or

(c) capitalize any lease.

S.N.W.T. 2011,c.28,s.22.

Restraint on disposition

68.

Except for a disposition of its property in the ordinary course of business, a public utility shall not, without first obtaining the approval of the Board,

(a) dispose of or encumber the whole or a part of its property, franchises, permits, privileges or rights; or

(b) by any means, direct or indirect, merge, amalgamate or consolidate in whole or in part its property, franchises, permits, privileges or rights with those of another person.

Restraint on merger

69.

A public utility shall not consolidate, amalgamate or merge with another person, without first obtaining the approval of the Board.

Restraint on share issue

70.

A public utility shall not issue or sell or make on its books a transfer of shares in the capital of the public utility to a person, where the result of the issue, sale or transfer, in itself or with previous issues, sales or transfers, is to vest in the person a majority interest in the outstanding share capital of the public utility, without first obtaining the approval of the Board.

Contravention

71.

Where a public utility acts in contravention of sections 67 to 70, the issue of securities or other evidence of indebtedness, the alteration in the characteristics of securities or other evidence of indebtedness, the capitalization of a lease, the disposition of property, the encumberancing of property, the consolidation, the amalgamation, the merger, or the issue, sale or transfer of shares is void.

DUTIES OF PUBLIC UTILITIES

Duty of public utility to comply

72.

Every public utility shall comply with every order, decision or rule made by the Board under this Act in respect of that utility, and shall do all things necessary to ensure that its officers, agents and employees comply with those orders. S.N.W.T. 2011,c.28,s.23.

Duty to comply

73.

(1) Where a person is appointed or authorized by a court in the Northwest Territories to act as a liquidator or receiver of a public utility or seize property belonging to a public utility, that person shall act in accordance with this Act, the regulations and any order, decision or rule of the Board directed to that person or to the public utility.

Enforcement

(2) The Board may enforce its orders against a person referred to in subsection (1). S.N.W.T. 2011, c.28,s.3.

Providing information

74.

(1) Every public utility shall provide to the Board information required by the Board under this Act and shall answer all questions asked by the Board under this Act.

Answering return

(2) Every public utility that receives from the Board any form of return shall fully and correctly answer each question in the return and deliver the return to the Board by the date specified on the return.

Delivering documents

(3) On request by the Board, a public utility shall deliver to the Board

(a) all contracts, reports, accounts and records in its possession or control relating in any way to its property or service or affecting its operation, or verified copies of them; and

(b) complete inventories, in the form the Board directs, of the property of the public utility.

Filing statements

(4) A public utility shall

(a) by March 31 of every year file with the Board a statement setting out the name, title of office, post office address, authority, powers and duties of

(i) every member of the board of directors of the public utility,

(ii) every member of the executive committee of the public utility, and

(iii) every other officer of the utility; and

(b) on request by the Board, file with the Board a statement disclosing the authority for any administrative act, rule, decision, order or other action of the utility.

Office and records

75.

(1) A public utility shall maintain an office in the Northwest Territories, and shall keep at that office the accounts and records required by the Board.

Removal of records

(2) A public utility shall not remove an account or record referred to in subsection (1) from the Northwest Territories without the Board’s permission. S.N.W.T. 2011,c.28,s.24.

Duty to provide service

76.

(1) A public utility shall provide safe, adequate and proper service and keep and maintain its property and equipment so that the public utility can provide the service.

Accounts and reports

(2) A public utility shall

(a) keep the records and accounts that the Board may require, including a uniform system of accounting established by the Board;

(b) provide, at the times and in the form and manner required by the Board, a detailed report of finances and operations, verified as required by the Board;

(c) file with the Board, within the times and in the form and manner required by the Board, a report of

(i) every interruption of service of the public utility, and

(ii) every accident occurring to or on the plant, equipment or other property of the public utility, where the accident might endanger the safety, health or property of any person; and

(d) maintain, by such method as the Board directs, proper and adequate depreciation, amortization and depletion accounts.

S.N.W.T. 1995,c.11,s.47.

Effect of other legislation

77.

Nothing in, or done under, the Charter Communities Act, Cities, Towns and Villages Act, Hamlets Act or Tłı̨chǫ Community Government Act supersedes or impairs a power conferred on the Board or a public utility or relieves a person of an obligation imposed by or under this Act. S.N.W.T. 1993,c.6,s.6; S.N.W.T. 2007, c.16, s.9(3); S.N.W.T. 2011, c.8,s.23(4); S.N.W.T. 2013,c.9,Sch.B,s.8.

APPEALS

Appeal

78.

(1) A person affected by an order, decision or rule of the Board may apply to the Supreme Court within 45 days after receiving notice of the order, decision or rule for leave to appeal on a question of law or excess of jurisdiction.

Extension of time

(2) The Supreme Court may extend the time period referred to in subsection (1).

Notice

(3) A person who applies for leave to appeal shall, at least 10 days before the application is heard give written notice of the application, stating the grounds of appeal,

(a) to the Board; and

(b) to any person who is adverse in interest.

Discretion of court

(4) The granting of leave to appeal and the costs of the application are in the discretion of the Supreme Court.

Application of rules

79.

(1) Subject to sections 78 to 85, the Rules of the Supreme Court apply to an appeal made under section 78 or to an application on a question of law under section 84, with such modifications as the circumstances require.

Notice

(2) Where leave to appeal is granted, the appellant shall, within 30 days after the day on which leave was granted, give written notice of appeal

(a) to the Board; and

(b) to any person who is adverse in interest.

S.N.W.T. 2011,c.28,s.26.

Service of notice

80.

Notwithstanding subsection 22(2), where notice is required to be given to a person under sections 78 to 85, the notice may be served either personally, by mailing it or by sending it by electronic transmission, to the address of the person or by any other method authorized by the Rules of the Supreme Court.

Costs

81.

Neither the Board nor any member, officer, employee or agent of the Board is liable for costs in respect of an appeal or application to the Supreme Court.

Grant of stay: Supreme Court

82.

(1) An appeal to the Supreme Court does not of itself stay or suspend the operation of the decision, order or rule appealed from, but the Supreme Court may grant a stay or suspension, in whole or in part on the terms the Supreme Court considers reasonable, until the appeal is decided.

Grant of stay: Board

(2) The Board may, in its discretion, stay or suspend the operation of a decision, order or rule of the Board that is being appealed to the Supreme Court, until the appeal is decided.

Decision on appeal

83.

The Supreme Court, on an appeal of a decision, order or rule of the Board, may confirm, vary or set aside that decision, order or rule. S.N.W.T. 2011, c.28,s.27.

Stated case

84.

(1) The Board

(a) may, of its own motion or on the application of any person, and

(b) shall, on the direction of the Minister,

state a case in writing for the Supreme Court on a question that, in the opinion of the Board or the Minister, is a question of law.

Security for cost

(2) Where the stated case is on the application of a person, the Board may request that the Supreme Court fix security for costs.

Jurisdiction of Supreme Court

(3) Where a case is stated under subsection (1), the Supreme Court shall hear and determine all questions of law arising out of the stated case.

Determination binding

(4) The determination of the Supreme Court is binding on the Board and all parties.

Court of Appeal

85.

A person affected by a decision made on appeal by the Supreme Court under this Act may apply to the Court of Appeal for leave to appeal on a question of law or excess of jurisdiction.

OFFENCE AND PUNISHMENT

Offences

86.

(1) No person shall

(a) fail or refuse to comply with an order, decision or rule made by the Board under this Act that is directed to that person;

(b) fail or refuse to prepare and provide to the Board, in the time, manner and form and with the particulars and verification required under this Act

(i) a return required by the Board,

(ii) the answer to a question asked by the Board, or

(iii) other information required by the Board under this Act;

(c) wilfully or negligently make a false return or provide false information to the Board;

(d) give to an officer, manager, employee or agent of a public utility a direction or request to do or refrain from doing an act that contravenes this Act, the regulations or an order, decision or rule made by the Board under this Act;

(e) after proper demand under this Act, fail or refuse to exhibit to the Board or a person authorized by the Board an account, record or memorandum of the public utility that is in possession or control of that person;

(f) obstruct or interfere with a member, officer, employee or agent of the Board in the exercise of powers conferred or duties imposed under this Act; or

(g) knowingly solicit or receive, directly or indirectly, a rebate, concession or preference for service of a public utility where the service is provided or received in contravention of this Act.

Exception

(2) Paragraph (1)(e) does not apply where the person making the demand does not, on request, produce a certificate of his or her appointment or authority.

Responsibility for employees

87.

For the purposes of this Act or the regulations or an order, decision or rule made by the Board under this Act, every person is responsible for the acts or omissions of his or her employees or agents within the scope of their actual or apparent authority.

Duty of director or officer

88.

(1) Every director or officer of a public utility that engages in an activity that may result in a contravention of this Act, the regulations or an order, decision or rule of the Board has a duty to take all reasonable care to prevent the public utility from causing or permitting the contravention.

Offence

(2) Every person who has a duty under subsection (1) and who fails to carry out that duty is guilty of an offence.

Liability of directors, officers

(3) A director or officer of a public utility is liable to conviction under this section whether or not the public utility has been prosecuted or convicted.

Punishment

89.

Every person who contravenes

(a) this Act or the regulations,

(b) a term or condition attached by the Board to a project permit or to the approval of a public utility franchise, or

(c) an order, decision or rule of the Board,

is guilty of an offence and liable on summary conviction

(d) to a fine of not less than $200 and not exceeding $10,000, or

(e) where the person is an individual, to imprisonment for a term not exceeding six months.

Continuing offence

90.

Where this Act makes anything an offence, every day the offence continues constitutes a separate offence.

Effect of punishment

91.

No punishment under this Act

(a) bars or affects recovery of a right; or

(b) bars or affects a proceeding against or prosecution of a public utility, its directors, officers, agents or employees.

REGULATIONS

S.N.W.T. 1998,c.24,s.27(2)

Regulations

92.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) establishing any form of energy supplied in any manner to be included in the definition of energy;

(b) prescribing the rates referred to in subsection 12(1);

(c) prescribing the honoraria referred to in subsection 12(2);

(d) prescribing the information to be included in an application for a franchise or an amendment to a franchise made under subsection 41(1);

(e) respecting information to be submitted in or with a schedule of rates filed under section 43; and

(f) respecting any matter that the Commissioner considers necessary or advisable to carry out the intent or purpose of this Act.

S.N.W.T. 2011,c.28,s.28.

93.

Repealed, S.N.W.T. 1998,c.24,s.27(3).

94.

Repealed, S.N.W.T. 2010,c.16,Sch.B,s.24.