The Gas Allocation Act

The Gas Allocation Act, C.C.S.M. c. G52 bilingual version (HTML) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "board" means The Public Utilities Board established under The Public Utilities Board Act ; (« Régie ») "distributor" means a person engaged in the business of selling and distributing gas to consumers; (« distributeur ») "gas" means natural or manufactured gas in a gaseous state. (« gaz ») S.M. 1993, c. 4, s. 229 . PART I 2 to 15 [Repealed] S.M. 1993, c. 4, s. 229 . PART II GAS ALLOCATION Allocation of gas supplies 16(1) Where the board is satisfied that the supplies of gas available to a distributor under its existing contracts with suppliers are insufficient for its present or foreseeable requirements, the board may, on the application of the distributor or any other person or on its own initiative, order the distributor to allocate and distribute its existing and prospective supplies of gas in accordance with a plan designed generally to give the highest priority to residential requirements, with any surplus going first to commercial requirements and thereafter to large-scale industrial requirements. Modification of allocation plan 16(2) For the purposes of any order it proposes to make under subsection (1), the board may authorize such exceptions from or modifications to the general scheme of priority required by the plan to which reference is made in subsection (1) as the public interest may in the opinion of the board require. Reduction of certain supply commitments 17(1) Notwithstanding the provisions of any contract for the supply of gas between a distributor and any commercial or industrial consumer, but subject to subsection (2), where the board is of the opinion that, because of the use to which the gas is being put by that consumer, its continued consumption in the quantities contracted for may not be in the public interest having regard for the desirability of ensuring so far as possible the availability of adequate supplies of gas for future residential use or for purposes involving more efficient or productive utilization of the gas, the board on the application of the distributor or any other person or on its own initiative may order the distributor, on such terms and conditions as the board deems proper, (a) to reduce, to such extent as the order may specify, the quantity of gas required to be supplied under the contract; or (b) to cease supplying gas to the consumer. Factors to be considered 17(2) Before making an order under subsection (1) with respect to any consumer, the board shall consider any factor that in its opinion may be relevant, including (a) the purposes for which the consumer is using or proposing to use the gas; (b) the present or prospective availability of alternative sources of energy for the purposes of the consumer, and the adequacy of the sources for those purposes; and (c) the adequacy of gas supplies for present or prospective residential and other requirements. Public hearings 18 Before making any order under this Part, the board shall hold a public hearing with respect to the subject matter of the order. Determination of questions 19 Any question that arises with respect to the interpretation, performance or effect of an order made under this Part shall be determined by the board in such manner as in the opinion of the board the public interest requires, and the determination of the board is final and binding. Form of applications 20(1) Any application submitted under this Part shall be in a form prescribed by the board, and shall contain such information and be accompanied by such supporting documents or other material as the board may require. Additional material 20(2) The board, at any time after receiving an application under this Part, may require the applicant to submit such further information, documents or other material as the board deems necessary. Compliance 21 Every distributor affected by an order made under this Part shall comply with the provisions thereof. Liability of distributors 22 No distributor is liable for any failure to supply gas or sufficient gas to a consumer that results from complying with the provisions of an order made under this Part. 23 [Repealed] S.M. 1993, c. 4, s. 229 . PART III GENERAL Crown bound 24 The Crown is bound by this Act. S.M. 1993, c. 4, s. 229 . Crown liability 25(1) The Crown is not liable for any loss, damage or injury suffered by any person as a result of any thing done under this Act. Exception 25(2) Subsection (1) does not apply where the Crown or an agency of the Crown or a corporation of which the Crown is a shareholder is (a) the holder or one of a number of holders of a permit; or (b) a participant in the exercise of a permit. Regulations 26 The Lieutenant Governor in Council may make regulations respecting (a) anything that is by this Act to be prescribed, determined or set by regulation; (b) matters that are incidental to the purposes of this Act and for which no provision is made in this Act. S.M. 1993, c. 4, s. 229 . Offence and penalty 27 Any person who contravenes or fails to observe any provision of this Act or a regulation made thereunder is guilty of an offence and liable on summary conviction, for each day that the offence continues, in the case of a first offence to a fine of not less than $100. or more than $1,000., and in the case of a second or subsequent offence to a fine of not less than $500. or more than $5,000.