UTILITIES COMMISSION ACT

(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 3(2) BEFORE amended by 2003-44-19 effective July 25, 2003 (BC Reg 306/03).

(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 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.

(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 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 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

Definitions

"energy resource" means natural gas and oil, and all other forms of petroleum and hydrocarbon, in gaseous or liquid state, and electricity;

(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,

(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:

(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),

(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.

(ii) a licence, permit or authorization issued for that purpose by the National Energy Board before September 11, 1980, or

(a) create exemptions for different circumstances and for different classes of an energy resource, and

(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.

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

(b) issue an energy removal certificate to the applicant, subject to conditions the minister considers to be in the public interest, or

(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

(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.

Inspection of regulated projects

20 A person authorized in writing by the minister may, at any reasonable time, enter on property where a regulated project is being constructed or is in operation, and inspect any works or activity connected with the regulated project.

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) were added by 2003-46-6 effective May 29, 2003 (Royal Assent).

Section 54(1) definition of "spouse" BEFORE amended by 2000-24-38 effective November 1, 2000 (BC Reg 280/00).

"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 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

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

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).

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.

(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

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

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).

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

(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(1.1) was added by 2003-46-11(b) effective May 29, 2003 (Royal Assent).

Section 71.1 was added to Part 5 by 2003-46-12 effective May 29, 2003 (Royal Assent).

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 106(1)(g) BEFORE repealed by 2003-46-15 effective May 29, 2003 (Royal Assent).

Section 107(1)(a) and (2) BEFORE repealed by 2003-46-16 effective May 29, 2003 (Royal Assent).

(2) If a person contravenes section 15, the contravention may be restrained in a proceeding brought by the minister in the Supreme Court.

Section 108 and 108(a)(i) 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,

(i) the energy project certificate, energy operation certificate or energy removal certificate in respect of which the contravention occurred, and

Section 109(a) BEFORE repealed by 2003-46-18 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 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.

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