Section 1 (g) in the definition of "public utility" was added by 2003-01-25, effective February 27, 2003 (Royal Assent).
Section 1 definitions "demand-side measure", "government's energy objectives" and "transmission corporation" were added by 2008-13-1, effective May 1, 2008 (Royal Assent).
Section 1 definition of "demand-side measure" BEFORE amended by 2010-22-58, effective June 3, 2010 (Royal Assent).
"demand-side measure" means a rate, measure, action or program undertaken
Section 1 definition of "British Columbia's energy objectives" was added by 2010-22-58, effective June 3, 2010 (Royal Assent).
"British Columbia's energy objectives" means the following objectives of the government:
Section 1 definition of "government's energy objectives" BEFORE repealed by 2010-22-58, effective June 3, 2010 (Royal Assent).
"government's energy objectives" means the following objectives of the government:
(a) to encourage public utilities to reduce greenhouse gas emissions;
(b) to encourage public utilities to take demand-side measures;
(c) to encourage public utilities to produce, generate and acquire electricity from clean or renewable sources;
(d) to encourage public utilities to develop adequate energy transmission infrastructure and capacity in the time required to serve persons who receive or may receive service from the public utility;
(e) to encourage public utilities to use innovative energy technologies
(i) that facilitate electricity self-sufficiency or the fulfillment of their long-term transmission requirements, or
(ii) that support energy conservation or efficiency or the use of clean or renewable sources of energy;
(f) to encourage public utilities to take prescribed actions in support of any other goals prescribed by regulation;
Section 1 definition of "transmission corporation" BEFORE repealed by 2010-22-59, effective July 5, 2010.
"transmission corporation" has the same meaning as in the Transmission Corporation Act;
Section 1 definition of "petroleum products" BEFORE amended by 2012-27-25, effective May 31, 2012 (Royal Assent).
"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;
Section 1 definition of "petroleum industry", paragraph (e) BEFORE amended by 2015-42-17, effective November 17, 2015 (Royal Assent).
(e) the retail distribution of liquefied or compressed natural gas;
Section 2 (9) and (10) BEFORE amended by 2003-46-1, effective May 29, 2003 (Royal Assent).
(9) In the absence or inability to act of the chair, or if there is a vacancy in the office, a deputy chair must act as chair for the purposes of a hearing.
(10) If there is no chair or deputy chair, or no chair or deputy chair present or able to act, another commissioner may act as chair.
Section 2 BEFORE re-enacted by 2003-47-63, effective February 13, 2004 (BC Reg 45/2004).
Commission continued
2 (1) The British Columbia Utilities Commission is continued.
(2) The commission is to consist of
(a) not more than 7 commissioners appointed by the Lieutenant Governor in Council during pleasure for a period not longer than 5 years, and
(b) other temporary commissioners appointed under subsection (6).
(3) A person whose service as a commissioner has ended may be reappointed.
(4) The Lieutenant Governor in Council
(a) must designate a commissioner as chair, and
(b) may designate one or more other commissioners as deputy chair.
(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.
(6) The Lieutenant Governor in Council may appoint persons as temporary commissioners for the purpose of a matter before the commission, or for a period or during circumstances the Lieutenant Governor in Council specifies.
(7) The Lieutenant Governor in Council must set the salaries of the commissioners and the remuneration of the temporary commissioners.
(8) During the period or under the circumstances or for the purpose for which a person is named as a temporary commissioner, the person has all the powers of and may perform all the duties of a commissioner including the duties of a chair if the person is designated as chair.
(9) The chair may appoint a deputy chair or commissioner to act as chair for any purpose specified in the appointment.
(10) [Repealed 2003-46-1.]
Section 2 (4) BEFORE amended by 2004-45-163, effective November 19, 2004 (BC Reg 492/2004).
Note: Above 2004-45-163 was amended by 2004-57-10, effective November 19, 2004 (BC Reg 492/2004).
(4) Sections 1 to 3 and 5 to 10 of the Administrative Tribunals Appointment and Administration 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.
Section 2 (4) BEFORE amended by 2007-14-66, effective October 18, 2007 (BC Reg 311/2007).
(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.
Section 2 (4) BEFORE amended by 2008-13-2, effective May 1, 2008 (Royal Assent).
(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, 46.3, 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.
Section 2 (5) BEFORE amended by 2015-42-18, effective November 17, 2015 (Royal Assent).
(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.
Section 2(1) BEFORE amended by 2015-10-189, effective December 18, 2015 (BC Reg 240/2015).
(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.
Section 2 (4) BEFORE repealed by 2015-10-189, effective December 18, 2015 (BC Reg 240/2015).
(4) Sections 1 to 13, 15, 18 to 21, 28 to 30, 32, 34 (3) and (4), 35 to 42, 44, 46.3, 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.
Section 3 (2) BEFORE amended by 2003-44-19, effective July 25, 2003 (BC Reg 306/2003).
(2) The Lieutenant Governor in Council may 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 authority.
Section 3 BEFORE re-enacted by 2008-13-3, effective May 1, 2008 (Royal Assent).
Commission subject to direction
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.
Section 4 (2), (5), (6), (8) and (9) BEFORE amended by 2003-46-2, effective May 29, 2003 (Royal Assent).
(2) The chair may organize the commission into divisions, each consisting of at least 3 commissioners.
(5) Subject to subsections (8) and (9), at a sitting of the commission or of a division of the commission, 2 commissioners are a quorum.
(6) Subject to section 17 (2), the chair may designate a commissioner to serve as chair at any sitting of the commission or a division of it at which the chair or a deputy chair is not present.
(8) Despite anything in this section,
(a) in relation to a matter the minister specifies and that is to be heard by the commission under Part 1 or 2, the minister may designate a commissioner to sit as a division of the commission, and
(b) in relation to a matter the chair specifies and that is to be heard by the commission under Part 3, the chair may designate a commissioner to sit as a division of the commission.
(9) A commissioner acting under subsection (8) has all the jurisdiction of and may exercise and perform the powers and duties of the commission, and the commissioner's decision or action is the decision or action of the commission.
Section 4 (1) (a) and (b) BEFORE amended by 2004-45-164(a) and (b), effective November 19, 2004 (BC Reg 492/2004).
(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, and
(b) subject to this section, may make rules respecting its sittings and regulating its procedure, including notices authorized or required to be given under this Act.
Section 4 (10) and (11) were added by 2004-45-164(c), effective November 19, 2004 (BC Reg 492/2004).
Section 5 (3) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(3) The commission may carry out a function or perform a duty delegated to it by or under an enactment of Canada.
Section 5 (3) BEFORE amended by 2008-13-4(b), effective May 1, 2008 (Royal Assent).
(3) The commission may carry out a function or perform a duty delegated to it under an enactment of Canada.
Section 5 (4), (5), (6), (7), (8) and (9) were added by 2008-13-4(c), effective May 1, 2008 (Royal Assent).
Section 5 (0.1) and (4) to (9) BEFORE repealed by 2010-22-61, effective June 3, 2010 (Royal Assent).
(0.1) In this section, "minister" means the minister responsible for the administration of the Hydro and Power Authority Act.
(4) The commission, in accordance with subsection (5), must conduct an inquiry to make determinations with respect to British Columbia's infrastructure and capacity needs for electricity transmission for the period ending 20 years after the day the inquiry begins or, if the terms of reference given under subsection (6) specify a different period, for that period.
(5) An inquiry under subsection (4) must begin
(a) by March 31, 2009, and
(b) at least once every 6 years after the conclusion of the previous inquiry,
unless otherwise ordered by the Lieutenant Governor in Council.
(6) For an inquiry under subsection (4), the minister may specify, by order, terms of reference requiring and empowering the commission to inquire into the matter referred to in that subsection, including terms of reference regarding the manner in which and the time by which the commission must issue its determinations under subsection (4).
(7) The minister may declare, by regulation, that the commission may not, during the period specified in the regulation, reconsider, vary or rescind a determination made under subsection (4).
(8) Despite section 75, if a regulation is made for the purposes of subsection (7) of this section with respect to a determination, the commission is bound by that determination in any hearing or proceeding held during the period specified in the regulation.
(9) The commission may order a public utility to submit an application under section 46, by the time specified in the order, in relation to a determination made under subsection (4).
Section 6 BEFORE repealed by 2004-45-165, effective November 19, 2004 (BC Reg 492/2004).
Notice of hearings
6 If the commission is directed or authorized under this Act to hold a hearing, it must give reasonable notice of the hearing, but an act or decision of the commission must not be questioned or held invalid on the ground that no notice or insufficient notice has been given to any person.
Section 10 (1) (d) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(d) carry out the instructions and directions of the commission under this Act or the regulations respecting the secretary's duties or office.
Section 11 (1) (a) BEFORE amended by 2003-46-3, effective May 29, 2003 (Royal Assent).
(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 2 or 3 of this Act,
Section 11 (2) BEFORE amended by 2023-10-1153, effective March 30, 2023 (Royal Assent).
(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.
Section 12 (2) BEFORE amended by 2004-45-166, effective October 15, 2004 (BC Reg 425/2004).
(2) A commissioner, officer or employee of the commission must not be required to testify in a civil action to which the commission is not a party about information obtained by the person in the discharge of the person's duty.
Section 13 (1) BEFORE amended by 2003-46-4, effective May 29, 2003 (Royal Assent).
(1) In each year, the commission must make a report to the Lieutenant Governor in Council for the preceding calendar year, setting out briefly
Part 2 BEFORE repealed by 2003-46-5, effective May 29, 2003 (Royal Assent).
Part 2 — Energy Removal Certificates and Regulated Projects
Definitions
14 (1) In this Part:
"energy" includes every form of energy;
"energy resource" means natural gas and oil, and all other forms of petroleum and hydrocarbon, in gaseous or liquid state, and electricity;
"regulated project" means
(a) an electric transmission line of 500 kV or higher voltage or a substation with which such a transmission line is connected, or both,
(b) an energy transhipment terminal or energy storage facility, capable of storing an energy resource in a quantity that is capable of yielding by combustion 3 PJ or more of energy,
(c) an energy use project,
(d) a transmission pipeline, capable of transporting in one year natural gas, oil or solids, or a liquid or gas derived from them, in a quantity that is capable of yielding by combustion 16 PJ or more of energy,
(e) a hydroelectric power plant that has a capacity of 20 MW or more of electricity,
(f) a thermal electric power plant that has a capacity of 20 MW or more of electricity,
(g) an addition by which one of the following will be added to a hydroelectric or thermal electric power plant:
(i) 20 MW or more of electric capacity;
(ii) 20 average annual MW or more of firm energy capability, and
(h) an addition to a project referred to in any of paragraphs (a) to (d) where the addition, if constructed alone, would fall within any of those paragraphs and, whether or not the addition is to a project referred to in paragraph (i) or (j),
but does not include
(i) a project that is complete or in operation before September 11, 1980, or
(j) a project in respect of which, before September 11, 1980, site preparation or the fabrication, construction, installation or supply of buildings, equipment, machinery or other facilities had begun.
(2) The Lieutenant Governor in Council may designate as a regulated project an undertaking of any kind that the Lieutenant Governor in Council considers to be significant in the matter of energy, whether or not the undertaking is a project referred to in paragraph (i) or (j) of the definition of "regulated project".
(3) An undertaking that is designated under subsection (2) is deemed for the purposes of this Act to be a regulated project.
Removal of energy resource from British Columbia
15 (1) So as to ensure the efficient use of energy resources and to ensure that present and future requirements of British Columbia may be met, a person must not remove from British Columbia an energy resource produced, manufactured or generated within British Columbia, except in accordance with an energy removal certificate granted under this Part.
(2) As an exception, an energy removal certificate is not required,
(a) subject to subsection (4), if the removal is carried out in accordance with
(i) a contract made before September 11, 1980, or
(ii) a licence, permit or authorization issued for that purpose by the National Energy Board before September 11, 1980, or
(b) if the removal is exempted from this section by the regulations.
(3) For the purpose of subsection (2), the regulations may
(a) create exemptions for different circumstances and for different classes of an energy resource, and
(b) apply to different classes of person.
(4) If a contract, licence, permit or authorization is, after July 28, 1982, renewed or extended, an exemption in respect of that contract, licence, permit or authorization, arising by the operation of subsection (2) (a), ceases.
Application for energy removal certificate
16 (1) An application for an energy removal certificate or for a modification of it must be made to the minister and must contain information the minister prescribes.
(2) If
(a) application is made for an energy removal certificate, or
(b) the minister considers it desirable,
the minister may invite applications for energy removal certificates from other persons who may be similarly interested in removal of an energy resource from British Columbia, and may specify a time limit within which the applications must be made.
Minister's disposition of application
17 (1) On receipt of an application under section 16, the minister may
(a) refer the application to the commission for a review,
(b) issue an energy removal certificate to the applicant, subject to conditions the minister considers to be in the public interest, or
(c) refuse to issue an energy removal certificate to the applicant.
(2) If the minister refers an application to the commission, the minister may designate a commissioner or temporary commissioner to act as chair for the purpose of the review.
Review by commission and disposition of application
18 (1) If an application for an energy removal certificate or for a modification of it is referred to the commission for a review, the commission must
(a) hear the application in public hearing in accordance with terms of reference specified by the minister, and
(b) on conclusion of the hearing, submit a report and recommendations to the Lieutenant Governor in Council.
(2) The terms of reference may include a requirement that the commission's hearings of specified applications be consolidated into one hearing.
(3) On receiving the report and recommendations of the commission, the Lieutenant Governor in Council may
(a) refuse to issue the energy removal certificate, or
(b) issue the energy removal certificate subject to conditions the Lieutenant Governor in Council considers to be in the public interest.
Certificate may allow officials to change conditions
19 (1) In an energy removal certificate under section 17 imposing conditions, to the extent the minister considers advisable, the minister may permit a person specified in the certificate to add to, vary or delete the conditions.
(2) In an energy removal certificate under section 18 imposing conditions, to the extent the Lieutenant Governor in Council considers advisable, the Lieutenant Governor in Council may permit a person specified in the certificate to add to, vary or delete the conditions.
(3) On an addition, variation or deletion by a person specified in a certificate referred to in subsection (1) or (2) being communicated to the holder of the certificate or to a person otherwise affected, the changes are binding as if they had been expressly included in the certificate.
Section 22 BEFORE re-enacted by 2008-13-5, effective May 1, 2008 (Royal Assent).
Person generating electricity for own use
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).
Section 22 (1) BEFORE amended by 2015-42-21(a), effective November 17, 2015 (Royal Assent).
"eligible person" means a person, or a class of persons, that
(a) generates, produces, transmits, distributes or sells 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, 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;
"minister" means the minister responsible for the administration of the Hydro and Power Authority Act.
Section 22 (2) (a) (ii) BEFORE amended by 2015-42-21(c), effective November 17, 2015 (Royal Assent).
(ii) an eligible person in respect of any equipment, facility, plant, project, activity, contract, service or system of the eligible person, and
Section 28 (3) BEFORE amended by 2007-14-213,Sch, effective December 1, 2007 (BC Reg 354/2007).
(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.
Section 28 (1) BEFORE amended by 2010-22-62(a), effective June 3, 2010 (Royal Assent).
(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.
Section 29 BEFORE amended by 2010-22-63, effective June 3, 2010 (Royal Assent).
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
Section 39 (c) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(c) pay or agree to pay the rates established for that service under this Act or the regulations.
Section 43 (1) BEFORE amended by 2008-13-6, effective May 1, 2008 (Royal Assent).
(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.
Section 43 (1.1) BEFORE repealed by 2010-22-64, effective June 3, 2010 (Royal Assent).
(1.1) The authority, in addition to providing the information and reports referred to in subsection (1), must provide to the commission, in accordance with the regulations, an annual report comparing the electricity rates charged by the authority with electricity rates charged by public utilities in other jurisdictions in North America, including an assessment of whether the authority's electricity rates are competitive with those other rates.
Section 44.1 (1) and (4) BEFORE repealed by 2010-22-65(a), effective June 3, 2010 (Royal Assent).
(1) In this section, "demand increase" means the greater of
(a) the difference between
(i) the sum of the estimate referred to in subsection (4) (b) and a prescribed amount, if any, and
(ii) the demand the authority would serve during the period referred to in subsection (4) (b) if the demand in each year of that period remains equal to the demand referred to in subsection (4) (a), and
(b) zero.
(4) A long-term resource plan filed under subsection (2) by the authority before the end of the 2020 calendar year must include, in addition to everything referred to in subsection (2) (a) to (g), all of the following:
(a) a statement of the demand for electricity the authority served in the year beginning on April 1, 2007, and ending on March 31, 2008;
(b) an estimate of the total demand for electricity the authority would expect to serve in the period beginning on April 1, 2008, and ending on March 31, 2021, if no new demand-side measures are taken during that period;
(c) a statement of the demand-side measures the authority would need to take so that, in combination with demand-side measures taken by the government of British Columbia or of Canada or a local authority, the demand increase would be reduced by 50% by 2020.
Section 44.1 (8) (a) and (b) BEFORE amended by 2010-22-65(b), effective June 3, 2010 (Royal Assent).
(a) the government's energy objectives,
(b) whether the plan is consistent with the requirements under sections 64.01 and 64.02, if applicable,
Section 44.1 (2) (part) BEFORE amended by 2019-24-11(a), effective May 16, 2019 (Royal Assent).
(2) Subject to subsection (4), a public utility must file with the commission, in the form and at the times the commission requires, a long-term resource plan including all of the following:
Section 44.2 (3) BEFORE amended by 2010-22-66, effective June 3, 2010 (Royal Assent).
(3) After reviewing an expenditure schedule submitted under subsection (1), the commission, subject to subsections (5) and (6), must
Section 44.2 (5) (part) and (5) (a) and (c) BEFORE amended by 2010-22-66, effective June 3, 2010 (Royal Assent).
(5) In considering whether to accept an expenditure schedule, the commission must consider
(a) the government's energy objectives,
(c) whether the schedule is consistent with the requirements under section 64.01 or 64.02, if applicable,
Section 44.2 (5) (c) BEFORE amended by BC Reg 357/2010 under RS1996-440-12, effective December 6, 2010 (BC Reg 357/2010).
(c) the extent to which the plan is consistent with the applicable requirements under sections 6 and 19 of the Clean Energy Act,
Section 44.2 (5.1) (part) BEFORE amended by 2015-42-22, effective November 17, 2015 (Royal Assent).
(5.1) In considering whether to accept an expenditure schedule filed by the authority, the commission, in addition to considering the interests of persons in British Columbia who receive or may receive service from the authority, must consider and be guided by
Section 44.2 (5.1) (b) BEFORE amended by 2019-24-12, effective May 16, 2019 (Royal Assent).
(b) an applicable integrated resource plan approved under section 4 of the Clean Energy Act,
Section 45 (3) BEFORE amended by 2003-46-6, effective May 29, 2003 (Royal Assent).
(3) Nothing in subsection (2) authorizes the construction or operation of an extension that is a regulated project under this Act or a reviewable project under the Environmental Assessment Act.
Section 45 (6.1) and (6.2) BEFORE repealed by 2008-13-8, effective May 1, 2008 (Royal Assent).
(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.
Section 45 (4) BEFORE amended by 2015-41-24, effective November 17, 2015 (Royal Assent).
(4) The commission may, by regulation, exclude utility plant or categories of utility plant from the operation of subsection (1).
Section 46 (3) BEFORE amended by 2008-13-9(a), effective May 1, 2008 (Royal Assent).
(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.
Section 46 (3) and (3.1) BEFORE amended by 2010-22-67, effective June 3, 2010 (Royal Assent).
(3) Subject to subsections (3.1) and (3.2), 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.
(3.1) In deciding whether to issue a certificate under subsection (3), the commission must consider
(a) the government's energy objectives,
(c) whether the application for the certificate is consistent with the requirements imposed on the public utility under sections 64.01 and 64.02, if applicable.
Section 46 (3) and (7) BEFORE amended by 2012-27-27(a),(b), effective May 31, 2012 (Royal Assent).
(3) Subject to subsections (3.1) to (3.3), 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.
(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.
Section 46 (3.3) (part) BEFORE amended by 2015-42-22, effective November 17, 2015 (Royal Assent).
(3.3) In deciding whether to issue a certificate under subsection (3) to the authority, the commission, in addition to considering the interests of persons in British Columbia who receive or may receive service from the authority, must consider and be guided by
Section 46 (3.3) (b) BEFORE amended by 2019-24-13, effective May 16, 2019 (Royal Assent).
(b) an applicable integrated resource plan approved under section 4 of the Clean Energy Act, and
Section 50 (3) (a) (ii) (second instance) BEFORE renumbered as (iii) by BC Reg 244/2013 effective April 21, 1997 [retro from November 28, 2013].
(ii) restrict the utility's right to redeem the issue,
Section 54 (1) definition of "spouse" BEFORE amended by 2000-24-38, effective November 1, 2000 (BC Reg 280/2000).
"spouse" includes a man or woman not married to each other who are living together and have lived together as husband and wife for a period of not less than 2 years;
Section 54 (13) BEFORE amended by 2007-14-195, effective December 1, 2007 (BC Reg 354/2007).
(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.
Section 54 (1) in the definition of "take over bid" BEFORE amended by 2006-32-70, effective February 1, 2008 (BC Reg 15/2008).
"take over bid" has the same meaning as in the Securities Act;
Section 54 (1) in the definition of "spouse" paragraph (b) BEFORE amended by 2011-25-451, effective March 18, 2013 (BC Reg 131/2012).
(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;
Section 56 (4) BEFORE amended by 2012-27-28, effective May 31, 2012 (Royal Assent).
(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.
Section 57 (1) BEFORE amended by 2012-27-29, effective May 31, 2012 (Royal Assent).
(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.
Section 58 (2.1) (a) BEFORE self-repealed by RS1996-473-58(2.3), effective March 31, 2010.
(a) the prescribed requirements, if any, and
Section 58 (2.2) BEFORE self-repealed by RS1996-473-58(2.3), effective March 31, 2010.
(2.2) A requirement prescribed for the purposes of subsection (2.1) (a) applies despite
(a) any other provision of
(i) this Act, including, for greater certainty, section 58.1, or
(ii) the regulations, except a regulation under section 3, or
(b) any previous decision of the commission.
Section 58.1 was enacted by 2008-13-11, effective March 31, 2008 [retro from May 1, 2008 (Royal Assent)].
Section 58.1 (4) BEFORE self-repealed by RS1996-473-58.1(5), effective March 31, 2010.
(4) Nothing in subsection (3) prevents the commission from setting rates for the authority, but the commission may not set rates for the authority for the purpose of changing the revenue-cost ratio for a class of customers.
Section 58.1 (2) (a) (ii) BEFORE amended by 2010-22-68, effective June 3, 2010 (Royal Assent).
(ii) the regulations, except a regulation under section 3 or 125.1 (4) (f), or
Section 58.1 (1) BEFORE amended by 2019-24-14(a), effective May 16, 2019 (Royal Assent).
(1) In this section, "revenue-cost ratio" means the amount determined by dividing the authority's revenues from a class of customers during a period of time by the authority's costs to serve that class of customers during the same period of time.
Section 58.1 (3), (5) and (6) BEFORE repealed by 2019-24-14(b), effective May 16, 2019 (Royal Assent).
(3) The following decision and orders of the commission are of no force or effect to the extent that they require the authority to do anything for the purpose of changing revenue-cost ratios:
(a) 2007 RDA Phase 1 Decision, issued October 26, 2007;
(b) order G-111-07, issued September 7, 2007;
(c) order G-130-07, issued October 26, 2007;
(d) order G-10-08, issued January 21, 2008,
and the rates of the authority that applied immediately before this section comes into force continue to apply and are deemed to be just, reasonable and not unduly discriminatory.
(5) Subsection (4) is repealed on March 31, 2010.
(6) Nothing in subsection (3) prevents the commission from setting rates for the authority, but the commission, after March 31, 2010, may not set rates for the authority such that the revenue-cost ratio, expressed as a percentage, for any class of customers increases by more than 2 percentage points per year compared to the revenue-cost ratio for that class immediately before the increase.
Section 60 (1) (b) BEFORE amended by 2003-46-7, effective May 29, 2003 (Royal Assent).
(b) the commission must have due regard, among other things, to the setting of a rate that is not unjust or unreasonable, within the meaning of section 59, and
Section 60 (1) (part) and (2) BEFORE amended by 2007-14-213,Sch and 215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(1) In setting a rate under this Act or the regulations
(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.
Section 60 (1) (c) (iii) BEFORE amended by 2012-27-30, effective May 31, 2012 (Royal Assent).
(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.
Section 61 (2) BEFORE amended by 2008-13-12, effective May 1, 2008 (Royal Assent).
(2) A schedule filed under subsection (1) must not be amended without the commission's consent.
Section 61 (5) BEFORE amended by 2012-27-31, effective May 31, 2012 (Royal Assent).
(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.
Section 61 (4) BEFORE amended by 2015-42-23, effective November 17, 2015 (Royal Assent).
(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.
Section 63 BEFORE amended by 2007-14-212,Sch, effective December 1, 2007 (BC Reg 354/2007).
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.
Part 3.1, sections 64.01 to 64.04 BEFORE repealed by 2010-22-69, effective June 3, 2010 (Royal Assent).
Part 3.1 — Energy Security and the Environment
Electricity self-sufficiency
64.01 (1) The authority must
(a) by the 2016 calendar year, achieve electricity self-sufficiency according to the prescribed criteria, and
(b) maintain, according to the prescribed criteria, electricity self-sufficiency in each calendar year after achieving it.
(2) A public utility, in planning for
(a) the construction or extension of generation facilities, and
(b) energy purchases,
must consider the government's goal that British Columbia be electricity self-sufficient by the 2016 calendar year and maintain self-sufficiency after that year.
Clean and renewable resources
64.02 (1) To facilitate the achievement of the government's goal that at least 90% of the electricity generated in British Columbia be generated from clean or renewable resources, a person to whom this section applies
(a) must pursue actions to meet the prescribed targets in relation to clean or renewable resources, and
(b) must use the prescribed guidelines in planning for
(i) the construction or extension of generation facilities, and
(ii) energy purchases.
(2) This section applies to
(a) the authority, and
(b) a prescribed public utility, if any, and a public utility in a class of prescribed public utilities, if any.
Standing offer
64.03 (1) In this section, "eligible facility" means a generation facility that
(a) either
(i) has only one generator with a nameplate capacity of 10 megawatts or less or has more than one generator and the total nameplate capacity of all of them is 10 megawatts or less, or
(ii) meets the prescribed requirements, and
(b) either
(i) is a high-efficiency cogeneration facility, or
(ii) generates energy by means of a prescribed technology or from clean or renewable resources,
but does not include a prescribed generation facility or class of generation facilities.
(2) The authority must establish and maintain a standing offer
(a) during the times prescribed by and in accordance with the regulations, if any, and
(b) on the terms and conditions, if any, approved by the commission under subsection (3),
to enter into an energy supply contract for the purchase of electricity from eligible facilities.
(3) Subject to regulations made for the purposes of subsection (2) (a), the commission, by order and on application by the authority, may approve terms and conditions for the purposes of subsection (2) (b) if the commission considers that the terms and conditions are in the public interest.
(4) The commission may not issue an order under section 71 (3) with respect to a contract entered into in accordance with the regulations made for the purposes of subsection (2) (a), and exclusively on the terms and conditions referred to in subsection (2) (b), of this section.
Smart meters
64.04 (1) In this section:
"private dwelling" means
(a) a structure that is occupied as a private residence, or
(b) if only part of a structure is occupied as a private residence, that part of the structure;
"smart meter" means a meter that meets the prescribed requirements, and includes related components, equipment and metering and communication infrastructure that meet the prescribed requirements.
(2) Subject to subsection (3), the authority must install and put into operation smart meters in accordance with and to the extent required by the regulations.
(3) The authority must complete all obligations imposed under subsection (2) by the end of the 2012 calendar year.
(4) If a public utility, other than the authority, makes an application under the Act in relation to advanced meters, the commission, in considering that application, must consider the government's goal of having advanced meters and associated infrastructure in use with respect to customers other than those of the authority.
(5) The authority may, by itself, or by its engineers, surveyors, agents, contractors, subcontractors or employees, enter on any land, other than a private dwelling, without the consent of the owner, for a purpose relating to the use, maintenance, safeguarding, installation, replacement, repair, inspection, calibration or reading of its meters, including smart meters.
Part 4 BEFORE amended by 2003-46-8, effective May 29, 2003 (Royal Assent).
Part 4 — Carriers, Purchasers and Processors
Common carrier
65 (1) On application by a party that uses or seeks to use facilities operated by a person declared to be a common carrier by the Oil and Gas Commission, the British Columbia Utilities Commission, by order and after a hearing, notice of which has been given to all persons the latter commission believes may be affected, may establish the conditions under which the common carrier must accept and carry the crude oil, natural gas or natural gas liquids.
(1.1) On application by an interested party and after a hearing, notice of which has been given to all persons the British Columbia Utilities Commission believes may be affected, that commission,
(a) may issue an order, to be effective on a date determined by it, declaring a person to be a common carrier with respect to the operation of a pipeline for the transportation of a type of energy resource prescribed by the Lieutenant Governor in Council, other than crude oil, natural gas and natural gas liquids, and
(b) in the order, may establish the conditions under which the common carrier must accept and carry that energy resource.
(1.2) The effective date of an order of the British Columbia Utilities Commission under subsection (1) is the date determined by the Oil and Gas Commission under the Oil and Gas Commission Act.
(2) A common carrier must comply with the conditions in an order made under this section.
(3) The commission may, by order and after a hearing, notice of which has been given to all persons the commission believes may be affected, vary an order made under this section.
(4) If an agreement between a person declared to be a common carrier and another person
(a) was made before an order was made under this section, and
(b) is inconsistent with the conditions established by the commission,
the commission may, in the order or a subsequent order, vary the agreement between the parties to eliminate the inconsistency.
(5) The common carrier and the commission are not liable for damages suffered by the other person resulting from a variation under subsection (4).
(6) [Repealed 1998-39-70.]
Common purchaser
66 (1) On application by a party whose crude oil, natural gas or natural gas liquids is, or will be, purchased by a person designated as a common purchaser by the Oil and Gas Commission, the British Columbia Utilities Commission, by order and after a hearing, notice of which has been given to all persons the latter commission believes may be affected, may establish the conditions under which the common purchaser must purchase the crude oil, natural gas or natural gas liquids.
(1.1) The effective date of an order of the British Columbia Utilities Commission under subsection (1) is the date determined by the Oil and Gas Commission under the Oil and Gas Commission Act.
(2) A common purchaser must comply with the conditions in an order made under this section.
(3) [Repealed 1998-39-71.]
(4) The commission may, by order and after a hearing, notice of which has been given to all persons the commission believes may be affected, vary an order made under this section.
(5) If an agreement made between a person declared to be a common purchaser and another person
(a) was made before an order was made under this section, and
(b) is inconsistent with the conditions established by the commission,
the commission may, in the order or a subsequent order, vary the agreement between the parties to eliminate the inconsistency.
(6) The common purchaser and the commission are not liable for damages suffered by the other person resulting from a variation under subsection (5).
Common processor
67 (1) On application by a party that uses or seeks to use facilities operated by a person declared to be a common processor by the Oil and Gas Commission, the British Columbia Utilities Commission, by order and after a hearing, notice of which has been given to all persons the latter commission believes may be affected, may establish the conditions under which the common processor must accept and process natural gas.
(1.1) The effective date of an order of the British Columbia Utilities Commission under subsection (1) is the date determined by the Oil and Gas Commission under the Oil and Gas Commission Act.
(2) A common processor must comply with the conditions in an order made under this section.
(3) The commission may, by order and after a hearing, notice of which has been given to all persons the commission believes may be affected, vary an order made under this section.
(4) If an agreement made between a person declared to be a common processor and another person
(a) was made before an order was made under this section, and
(b) is inconsistent with the conditions established by the commission,
the commission may, in the order or a subsequent order, vary the agreement between the parties to eliminate the inconsistency.
(5) The common processor and the commission are not liable for damages suffered by the other person resulting from a variation under subsection (4).
Section 68 definition of "electricity transmission contract" BEFORE repealed by 2003-46-9(a), effective May 29, 2003 (Royal Assent).
"electricity transmission contract" means a contract under which the electricity transmission facilities of a public utility are used by another person, and includes an amendment to that contract but does not include a contract in respect of which a schedule is filed under section 61;
Section 68 definition of "energy supply contract" BEFORE amended by 2003-46-9(b), effective May 29, 2003 (Royal Assent).
"energy supply contract" means a contract under which energy is sold by a seller for delivery by means of the transmission facilities or distribution equipment of a public utility, and includes an amendment to that contract but does not include a contract in respect of which a schedule is filed under section 61;
Section 68 definitions of "gas marketer" and "low-volume consumer" were added by 2003-46-9(c), effective May 29, 2003 (Royal Assent).
Section 69 BEFORE repealed by 2003-46-10, effective May 29, 2003 (Royal Assent).
Electricity transmission contracts
69 (1) A public utility that, after June 29, 1988, enters into an electricity transmission 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.
(2) If the commission, after a hearing, finds that a contract to which subsection (1) applies is not in the public interest, 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.
(3) If an electricity transmission contract is, under subsection (2) (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.
Section 71 (1) BEFORE amended by 2003-46-11(a), effective May 29, 2003 (Royal Assent).
(1) A person who, after this section comes into force, enters into an energy supply contract must
Section 71 (2) BEFORE amended by 2008-13-14, effective May 1, 2008 (Royal Assent).
(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.
Section 71 (2.1) (a) and (c) BEFORE amended by 2010-22-70, effective June 3, 2010 (Royal Assent).
(2.1) In determining under subsection (2) whether an energy supply contract is in the public interest, the commission must consider
(a) the government's energy objectives,
(c) whether the energy supply contract is consistent with requirements imposed under section 64.01 or 64.02, if applicable,
Section 71 (2.5) (a) and (c) BEFORE amended by 2010-22-70, effective June 3, 2010 (Royal Assent).
(2.5) In considering the public interest under subsection (2.4), the commission must consider
(a) the government's energy objectives,
(c) whether the application for the proposed contract is consistent with the requirements imposed on the public utility under sections 64.01 and 64.02, if applicable, and
Section 71 (2.21) (part) and (2.51) (part) BEFORE amended by 2015-42-22, effective November 17, 2015 (Royal Assent).
(2.21) In determining under subsection (2) whether an energy supply contract filed by the authority is in the public interest, the commission, in addition to considering the interests of persons in British Columbia who receive or may receive service from the authority, must consider and be guided by
(2.51) In considering the public interest under subsection (2.4) with respect to a submission by the authority, the commission, in addition to considering the interests of persons in British Columbia who receive or may receive service from the authority, must consider and be guided by
Section 71 (2.21) (b) BEFORE amended by 2019-24-15(a), effective May 16, 2019 (Royal Assent).
(b) an applicable integrated resource plan approved under section 4 of the Clean Energy Act,
Section 71 (2.51) (b) BEFORE amended by 2019-24-15(c), effective May 16, 2019 (Royal Assent).
(b) an applicable integrated resource plan approved under section 4 of the Clean Energy Act, and
Section 71.1 (9) BEFORE amended by 2012-27-32(b), effective May 31, 2012 (Royal Assent).
(9) Section 43 applies to each gas marketer as if that gas marketer were a public utility.
Section 71.1 (5) (part) BEFORE amended by 2019-24-16(a), effective May 16, 2019 (Royal Assent).
(5) If a person is not in compliance with subsection (1), (3) or (4), the commission may do one or more of
Section 71.1 (5) (a) BEFORE amended by 2019-24-16(b), effective May 16, 2019 (Royal Assent).
(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
Section 74 BEFORE re-enacted by 2004-45-167, effective October 15, 2004 (BC Reg 425/2004).
Powers to compel witnesses and documents
74 The commission has all the powers, rights and privileges of a judge of the Supreme Court for
(a) the attendance and examination of witnesses,
(b) taking of depositions in or out of British Columbia,
(c) production and inspection of documents,
(d) entry and inspection of property,
(e) enforcement of its orders, and
(e) other matters necessary or proper to exercise its jurisdiction under or for carrying into effect an Act within its jurisdiction.
Section 75 BEFORE amended by 2004-45-168, effective October 15, 2004 (BC Reg 425/2004).
75 The commission must make its decision on the merits and justice of the case, and is not bound to follow legal precedent.
Section 78 (1) BEFORE repealed by 2004-45-169(a), effective October 15, 2004 (BC Reg 425/2004).
(1) The commission, in its discretion, may accept and act on evidence by affidavit, written statement, the report of any of its members or officers, or on evidence obtained in any other manner it decides.
Section 78 (3) BEFORE amended by 2004-45-169(b), effective October 15, 2004 (BC Reg 425/2004).
(3) Each member, officer and person appointed has, for the purpose of the inquiry, the powers conferred on the commission by section 74.
Section 78 (3) BEFORE amended by 2012-27-34, effective May 31, 2012 (Royal Assent).
(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.
Section 88 (2) and (3) BEFORE amended by 2003-46-14, effective May 29, 2003 (Royal Assent).
(2) The commission may exempt a person from the operation of an order, rule or regulation made under this Act, other than under Part 2, 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, other than Part 2, or may limit or vary the application of this Act, other than Part 2.
Section 88 (4) BEFORE amended by 2008-13-15, effective May 1, 2008 (Royal Assent).
(4) The commission has no power under this section to make an order respecting a matter that is subject to section 22.
Section 88 (4) BEFORE amended by BC Reg 357/2010 under RS1996-440-12, effective December 6, 2010 (BC Reg 357/2010).
(4) The commission has no power under this section to make an order respecting a person, or a person in respect of a matter, who has been exempted under to section 22.
Section 88 (3) BEFORE amended by 2015-42-24, effective November 17, 2015 (Royal Assent).
(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.
Section 88 (3) BEFORE amended by 2019-24-17, effective June 14, 2012 [retro from May 16, 2019 (Royal Assent)].
(3) The commission may, on conditions it considers advisable, with the advance approval of the minister responsible for the administration of the Hydro and Power Authority Act, 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.
Section 93 BEFORE repealed by 2004-45-170, effective October 15, 2004 (BC Reg 425/2004).
Enforcement of orders
93 If
(a) an order is made by the commission for the payment of money, costs or a penalty, and
(b) a written direction for enforcement of the order addressed to a sheriff, stating
(i) the amount due and payable and sought to be recovered under the order, and
(ii) the person by whom it is payable,
is endorsed on or attached to a certified copy of the order and signed by the chair of the commission,
on receipt, the sheriff must levy the amount with the sheriff's costs in the same way and with the same powers as if the direction were an execution against the goods of the person by whom the amount is payable, issued by the Supreme Court.
Section 94 BEFORE repealed by 2004-45-170, effective October 15, 2004 (BC Reg 425/2004).
Peace officers to assist
94 (1) A sheriff, deputy sheriff or peace officer is an officer of the commission and when requested, must aid, assist and obey the commission in the exercise of its jurisdiction.
(2) On the certificate of the commission's secretary of the fees payable and the person by whom they are payable, a sheriff, deputy sheriff or peace officer must be paid on the same basis as fees for similar services in the Supreme Court.
Section 99 was renumbered as section 99 (1) and subsection (2) was added by 2024-20-5, effective May 16, 2024 (Royal Assent).
Section 101 BEFORE amended by 2012-27-36, effective November 9, 2012 (BC Reg 316/2012).
Appeal to Court of Appeal
101 (1) An appeal lies from a decision or order of the commission to the Court of Appeal with leave of a justice of that court.
(2) The party appealing must give notice of the application for leave to appeal, stating the grounds of appeal, to the commission, to the Attorney General and to any party adverse in interest, at least 2 clear days before the hearing of the application.
(3) If leave is granted, within 15 days from the granting, the appellant must give notice of appeal to the commission, to the Attorney General, and to any party adverse in interest.
(4) The commission and the Attorney General may be heard by counsel on the appeal.
(5) On the determination of the questions involved in the appeal, the Court of Appeal must certify its opinion to the commission, and an order of the commission must conform to that opinion.
Section 101 (1) (b) BEFORE amended by 2024-20-6, effective May 16, 2024 (Royal Assent).
(b) any other decision or order of the commission to the Court of Appeal, with leave of a justice of that court.
Section 102 (2) BEFORE amended by 2012-27-36(a), effective November 9, 2012 (BC Reg 316/2012).
(2) The commission may, in its discretion, suspend the operation of its decision, order, rule or regulation from which an appeal is taken until the decision of the Court of Appeal is given.
Section 103 BEFORE amended by 2012-27-38, effective May 31, 2012 (Royal Assent).
Costs of appeal
103 (1) Payment of the costs incurred for an application or appeal to the Court of Appeal may be enforced in the same way as payment of costs ordered by the commission.
(2) Neither the commission nor an officer, employee or agent of the commission is liable for costs in respect of an application or appeal referred to in subsection (1).
Section 104 (3) BEFORE repealed by 2012-27-39, effective May 31, 2012 (Royal Assent).
(3) The court's opinion is binding on the commission and on all parties.
Section 106 (1) (g) BEFORE repealed by 2003-46-15, effective May 29, 2003 (Royal Assent).
(g) a person who contravenes section 15;
Section 106 (1) (d) (i), (ii), (iii), (iv) and (viii) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(i) who fails or refuses to complete and provide to the commission a report or form of return required under this Act or the regulations,
(ii) who fails or refuses to answer a question contained in a report or form of return required under this Act or the regulations,
(iii) who willfully gives a false answer to a question contained in a report or form of return required under this Act or the regulations,
(iv) who evades a question or gives an evasive answer to a question contained in a report or form of return required under this Act or the regulations, if the person has the means to ascertain the facts,
(viii) on whom the commission serves notice directing the person to provide to the commission information or a return that the utility may be required to provide under this Act or the regulations, and who willfully refuses or fails to provide the information or return to the best of the person's knowledge, or means of knowledge, in the manner and time directed by the commission, or
Section 106 (1) (h) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(h) a person who obstructs or interferes with a commissioner, officer or person in the exercise of rights conferred or duties imposed by or under this Act;
Section 106 (4) BEFORE amended by 2012-27-40(a), effective May 31, 2012 (Royal Assent).
(4) A person convicted of an offence under this section is liable to a penalty not greater than $10 000.
Section 106 (6) BEFORE amended by 2012-27-40(b), effective November 9, 2012 (BC Reg 316/2012).
(6) Nothing in or done under this section affects the liability of a public utility otherwise existing or prejudices enforcement of an order of the commission in any way otherwise available.
Section 106 (1) (c) (ii) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent).
(ii) that willfully or negligently makes a return or provides information to the commission that is false in any particular,
Section 106 (1) (d) (iii) and (viii) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent).
(iii) who willfully gives a false answer to a question contained in a report or form of return required under this Act,
(viii) on whom the commission serves notice directing the person to provide to the commission information or a return that the utility may be required to provide under this Act and who willfully refuses or fails to provide the information or return to the best of the person's knowledge, or means of knowledge, in the manner and time directed by the commission, or
Section 106 (3) BEFORE amended by 2023-10-1154, effective March 30, 2023 (Royal Assent).
(3) Subsection (1) (h) does not apply if the commissioner, officer or person does not, on request at the time, produce a certificate of his or her appointment or authority.
Section 107 (1) (a) and (2) BEFORE repealed by 2003-46-16, effective May 29, 2003 (Royal Assent).
(a) an energy removal certificate,
(2) If a person contravenes section 15, the contravention may be restrained in a proceeding brought by the minister in the Supreme Court.
Section 107 BEFORE re-enacted by 2012-27-41, effective May 30, 2012 (Royal Assent).
Restraining orders
107 (1) If a person, to or in respect of whom
(a) [Repealed 2003-46-16.]
(b) a certificate of public convenience and necessity,
(c) an order under section 22, 53 or 54 (10), or
(d) an approval given under section 50 or 54 (5), (7) or (8),
is issued, contravenes a condition or requirement of the certificate, order or approval, the contravention may be restrained in a proceeding brought by the minister in the Supreme Court.
(2) [Repealed 2003-46-16.]
Section 108 (part) BEFORE amended by 2003-46-17, effective May 29, 2003 (Royal Assent).
108 If a person contravenes section 15 or a condition or requirement of an order made under section 22,
Section 108 (a) (i) BEFORE amended by 2003-46-17, effective May 29, 2003 (Royal Assent).
(i) the energy project certificate, energy operation certificate or energy removal certificate in respect of which the contravention occurred, and
Section 108 (b) BEFORE amended by 2008-13-16, effective May 1, 2008 (Royal Assent).
(b) the minister may revoke the order.
Section 108 BEFORE repealed by 2012-27-42, effective May 31, 2012 (Royal Assent).
Revocation of certificates
108 If a person contravenes a condition or requirement of an order made under section 22,
(a) the Lieutenant Governor in Council may revoke
(i) the energy project certificate or energy operation certificate in respect of which the contravention occurred, and
(ii) any approval, licence or permit given or issued, in association with the certificate, or
(b) the minister responsible for the administration of the Hydro and Power Authority Act may revoke the order.
Section 109 (a) BEFORE repealed by 2003-46-18, effective May 29, 2003 (Royal Assent).
(a) section 15,
Section 109 BEFORE re-enacted by 2012-27-43, effective November 9, 2012 (BC Reg 316/2012).
Remedies not mutually exclusive
109 If a person contravenes
(a) [Repealed 2003-46-18.]
(b) a condition or requirement of an order made under section 22, 53 or 54 (10),
(c) the conditions of an approval given under section 50 or 54 (5), (7) or (8), or
(d) a condition or requirement of a certificate of public convenience and necessity,
the penalties for the contravention provided for in section 106, the remedies for the contravention provided for in section 107 and, if applicable, the remedies provided for in section 108 are not mutually exclusive, and any or all of them may be applied in the one case.
Part 8.1, sections 109.1 to 109.8 were enacted by 2012-27-44, effective November 9, 2012 (BC Reg 316/2012).
Section 110 BEFORE amended by 2003-46-19, effective May 29, 2003 (Royal Assent).
110 Subject to the Economic Development Electricity Rate Act, the powers given to the commission by this Act apply
Section 110 (b) BEFORE amended by 2012-27-45, effective May 31, 2012 (Royal Assent).
(b) in respect of service and rates, whether fixed by or the subject of an agreement or other Act, or otherwise, and
Section 116 BEFORE amended by 2015-42-25, effective November 17, 2015 (Royal Assent).
Class representation
116 (1) With the approval of the Attorney General, the commission may appoint counsel to represent a class of persons interested in a matter for the purpose of instituting or attending on an application or hearing before the commission or another tribunal or authority.
(2) The commission may fix the costs of the counsel and may order by whom and in what amount or proportion they be paid.
Section 121 BEFORE amended by 2003-52-497, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
121 Nothing in or done under the Local Government Act
Section 121 BEFORE amended by 2006-24-53, effective May 18, 2006 (Royal Assent).
121 Nothing in or done under the Community Charter or the Local Government Act
(a) supersedes or impairs a power conferred on the commission or a public utility, or
(b) relieves a person of an obligation imposed by or under this Act or the Gas Utility Act.
Section 121 (1) (b) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(b) relieves a person of an obligation imposed by or under this Act or the Gas Utility Act.
Section 121 (2) (b) BEFORE amended by 2019-24-18, effective May 16, 2019 (Royal Assent).
(b) an exemption from the application of section 45 granted, with the advance approval of the Lieutenant Governor in Council, by the commission under section 88, and
Section 123 (1) BEFORE amended by 2007-14-196, effective December 1, 2007 (BC Reg 354/2007).
(1) A notice that the commission is empowered or required to give to a person under this Act, rules or regulations must be in writing and may be served either personally or by mailing it to the person's address.
Section 124 (4) BEFORE repealed by 2003-46-20, effective May 29, 2003 (Royal Assent).
(4) Subsections (1) and (2) do not apply to a proceeding under Part 2 of this Act, and any advice or report given by the commission to the Lieutenant Governor in Council under that Part must not be disclosed or made public, except by order of the Lieutenant Governor in Council.
Sections 125.1 (4) (e) BEFORE amended by BC Reg 18/10 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(e) for the purposes of section 44.1 and 44.2,
Sections 125.1 (2) and (3) BEFORE repealed by 2010-22-72, effective June 3, 2010 (Royal Assent).
(2) The minister may make regulations respecting the government's energy objectives, as defined in section 1, including, without limitation, regulations as follows:
(a) defining a word or phrase used in the definition;
(b) prescribing actions and goals for the purposes of paragraph (f) of the definition;
(c) establishing factors or guidelines the commission must use in considering the government's energy objectives, including guidelines regarding the relative priority of the objectives referred to in paragraphs (a) to (f) of the definition.
(3) A regulation under subsection (2) may be made with respect to the government's energy objectives generally or with respect to their application in any particular case.
Sections 125.1 (4) (a), (c), (d), (f), and (j) to (n) BEFORE repealed by 2010-22-72, effective June 3, 2010 (Royal Assent).
(a) making declarations for the purposes of section 5 (7);
(c) respecting reports to be provided to the commission by the authority under section 43 (1.1), including, without limitation, respecting the jurisdictions with which comparisons are to be made, the rate classes to be considered, the factors to be used in making the comparisons and conducting the assessments, and the meaning to be given to the word "competitive";
(d) prescribing, for the purposes of paragraph (a) (i) of the definition of "demand increase" in section 44.1 (1), an amount representing an increase in resource requirements of the authority not related to an estimated increased demand referred to in section 44.1 (4) (b);
(f) prescribing requirements for the purposes of section 58 (2.1) (a);
(j) defining a term or phrase used in Part 3.1 and not defined in that Part;
(k) prescribing criteria respecting self-sufficiency for the purposes of section 64.01 (1) (a) and (b);
(l) prescribing targets for the purposes of section 64.02 (1) (a), guidelines for the purposes of section 64.02 (1) (b) and public utilities and classes of public utilities for the purposes of section 64.02 (2) (b);
(m) for the purposes of section 64.03, respecting eligible facilities, including prescribing generation facilities and classes of generation facilities, and respecting the standing offer to be established and maintained under that section;
(n) for the purposes of section 64.04, respecting smart meters and their installation, including, without limitation,
(i) the types of smart meters to be installed, including the features or functions each meter must have or be able to perform, and
(ii) the classes of users for whom smart meters must be installed, and requiring the authority to install different types of smart meters for different classes of users;
Sections 125.1 (4) (e) (iv) BEFORE repealed by 2010-22-72, effective June 3, 2010 (Royal Assent).
(iv) prescribing rules or factors the authority must use in making the estimate referred to in section 44.1 (4) (b);
Section 125.1 (4) (o) BEFORE amended by 2015-42-26(a), effective November 17, 2015 (Royal Assent).
(o) prescribing standard-making bodies for the purposes of section 125.2 (1) and matters for the purposes of section 125.2 (3) (d);
Section 125.1 (4) (p) BEFORE repealed by 2015-42-26(b), effective November 17, 2015 (Royal Assent).
(p) prescribing owners, operators, direct users, generators and distributors, or classes of any of them, for the purposes of section 125.2 (8).
Section 125.2 (3) (part) BEFORE amended by 2010-22-73, effective July 5, 2010.
(3) The transmission corporation must review each reliability standard and provide to the commission, in accordance with the regulations, a report assessing
Section 125.2 (1) definition of "reliability standard" BEFORE amended by 2015-42-27(a), effective November 17, 2015 (Royal Assent).
"reliability standard" means a reliability standard, rule or code established by a standard-making body for the purpose of being a mandatory reliability standard for planning and operating the North American bulk power system, and includes any substantial change to any of those standards, rules or codes;
Section 125.2 (3) BEFORE amended by 2015-42-27(b), effective November 17, 2015 (Royal Assent).
(3) The authority must review each reliability standard and provide to the commission, in accordance with the regulations, a report assessing
(a) any adverse impact of the reliability standard on the reliability of electricity transmission in British Columbia if the reliability standard were adopted under subsection (6),
(b) the suitability of the reliability standard for British Columbia,
(c) the potential cost of the reliability standard if it were adopted under subsection (6), and
(d) any other matter prescribed by regulation or identified by order of the commission for the purposes of this section.
Section 125.2 (6) BEFORE amended by 2015-42-27(c), effective November 17, 2015 (Royal Assent).
(6) After complying with subsection (5), the commission, subject to subsection (7), must adopt the reliability standards addressed in the report if the commission considers that the reliability standards are required to maintain or achieve consistency in British Columbia with other jurisdictions that have adopted the reliability standards.
Section 125.2 (8) and (9) BEFORE amended by 2015-42-27(d), effective November 17, 2015 (Royal Assent).
(8) A reliability standard adopted under subsection (6) applies to every
(a) prescribed owner, operator and direct user of the bulk power system, and
(b) prescribed generator and distributor of electricity.
(9) Subsection (8) applies to a person prescribed for the purposes of that subsection despite any exemption issued to the person under section 22 or 88 (3).