APPEAL Grounds of appeal 58(1) An appeal lies from any final order or decision of the board to The Court of Appeal upon (a) any question involving the jurisdiction of the board; or (b) any point of law; or (c) any facts expressly found by the board relating to a matter before the board. Leave to appeal 58(2) The appeal shall be taken only (a) by leave to appeal obtained from a judge of The Court of Appeal; (b) within one month after the making of the order or decision sought to be appealed from, or within such further time as the judge under special circumstances shall allow; and (c) after notice to the other parties stating the grounds of appeal. Setting down for hearing and notice 58(3) Upon the leave being obtained, the registrar of The Court of Appeal shall set the appeal down for hearing at the next sitting of the court; and the party appealing shall, within 10 days, give to the parties affected by the appeal or the solicitors, if any, by whom the parties were represented before the board, and to the secretary of the board, notice in writing that the case has been so set down. Transmission of material to court 58(4) The secretary of the board, forthwith upon receipt of the notice, shall transmit to the registrar of The Court of Appeal all documents and material from the files of the office of the board that were before the board upon the making of the order or decision from which appeal is made and that have any bearing upon the question in the appeal. Inferences by court 58(5) On the hearing of the appeal, the court may draw inferences that are not inconsistent with the facts expressly found by the board and that are necessary for determining the question, and shall certify its opinion to the board; and the board shall thereupon make an order in accordance with that opinion. Board to be heard 58(6) The board is entitled to be heard, by counsel or otherwise, upon the argument of any appeal. Costs of appeal and rules of practice 58(7) The Court of Appeal may fix the costs and fees to be taxed, allowed, and paid upon any appeal and make rules of practice respecting appeals under this section; but, until such rules are made, the rules and practice applicable to appeals from a judge of the Court of King's Bench to The Court of Appeal apply to appeals under this Act. Immunity of board 58(8) Neither the board, nor any member or employee of the board, is in any case, liable to costs by reason of, or in respect of, an appeal or application. Return of material to board 58(9) At the conclusion of the appeal, the registrar of The Court of Appeal shall return to the secretary of the board all documents and material received from him, together with a copy of the record of the court and of the reasons of the judges of the court for the judgment rendered. 58.1 to 58.3 [Not proclaimed, but repealed by S.M. 2000, c. 35, s. 18 ] S.M. 1987-88, c. 65, s. 18 ; S.M. 2000, c. 35, s. 18 . Reference to Court of Appeal 58.4(1) The board may, of its own motion or on the application of any party to proceedings before the board, state a case in writing for the opinion of the Court of Appeal upon any question of law or jurisdiction. Court of Appeal to remit decision 58.4(2) The Court of Appeal shall hear and determine the stated case and remit it to the board with its opinion. Proceedings, etc. not stayed 58.4(3) A case stated pursuant to this section does not stay or suspend any proceedings of the board or stay or suspend the operation of any decision or order of the board. S.M. 1988-89, c. 23, s. 38 ; S.M. 1989-90, c. 90, s. 36 . PART II CONTROL OF PUBLIC UTILITIES How application made 59(1) A person applying to the board under this Act shall apply in writing, addressing the application to the secretary of the board, and shall submit with the application any schedule of tolls or rates or any other material relevant to the application. When authorization of board to be applied for 59(2) Where, under any Act of the Legislature, a municipality, school district, school area, secondary school area, or school division, is required to have the authorization or approval of the board for, or in respect of, any act, matter, or thing that is required to be done by by-law, the application for the authorization or approval shall be made to the board after the first reading but before the second reading of the by-law; and, in cases where the assent of the ratepayers or voters is required, before the by-law is submitted to a vote of the ratepayers or voters. S.M. 2005, c. 27, s. 163 . Further action to await disposal of application 60 Except as provided in this Act, or in some other Act of the Legislature affecting the public utility or corporation concerning which the application is made, the owner of the public utility or the corporation shall take no further steps upon the subject matter of the application until the board has made an order or otherwise disposed of the application. Elements of rate base 61 Where rate base is a factor in determining just and reasonable rates or tolls, the board shall allow a rate of return based on a rate base that includes, as basic elements, (a) the original or historic cost of the assets, used and useful and prudently acquired, less depreciation; and (b) a reasonable amount for the working capital required for the operation of the business. Notice of decision to applicant 62 Upon the board making a decision or an order in respect of an application or matter before the board, the secretary of the board shall forthwith advise the applicant or parties affected of the decision or order; and, where requested by the applicant he shall mail or deliver to the applicant a certified copy of the decision or order. JURISDICTION AND POWERS OF BOARD IN RESPECT OF PUBLIC UTILITIES Jurisdiction as to carriers 63(1) The board has jurisdiction in all questions relating to the transportation of goods or passengers by any corporation, municipal or otherwise, on any part of any tram-line, or street railway line, or steam railway line or motor bus line under the jurisdiction of the Legislature, and may authorize or require any such corporation to carry goods or passengers on its lines or any part thereof for any period of time and at such prices as it may fix. 63(2) [Repealed] S.M. 2018, c. 10, Sch. A, s. 56 . S.M. 2018, c. 10, Sch. A, s. 56 . Investigation of excess charges 64(1) Where (a) it is made to appear to the board, upon the complaint of an owner of a public utility, or of any municipality or person having an interest, present or contingent, in the matter in respect of which the complaint is made, that there is reason to believe that the tolls or charges demanded by any owner of a public utility exceed what is just and reasonable, having regard to the nature and quality of the service rendered or of the commodity supplied; or (b) requested to do so by the minister; or (c) in the opinion of the board it is expedient to do so, on its own initiative; the board may proceed to hold such investigation as it sees fit into all matters relating to the nature and quality of the service or the commodity in question, or to the performance of the service and the tolls or charges demanded therefor. Order on investigation 64(2) Upon completion of an investigation made under subsection (1), the board may make such order respecting the improvement of the service or commodity and as to the tolls or charges demanded, as seems to it to be just and reasonable, and may disallow or change, as it thinks reasonable, any such tolls or charges as, in its opinion, are excessive, unjust, or unreasonable or unjustly discriminate between different persons or different municipalities, but subject, however, to such of the provisions of any contract existing between the owner and a municipality at the time the complaint is made as the board considers fair and reasonable. Increase or decrease of contractual rate 65(1) Where, by any contract between an owner of a public utility and any municipality, other corporation, or person for the supply of any commodity or service by means of the public utility, the rate, toll or charge is agreed upon either as a fixed or variable rate, toll, or charge, or a maximum or minimum rate, toll, or charge, and whether the rate, toll, or charge is agreed upon with respect to a present or future supply of an existing or non-existing commodity or service, then, notwithstanding any other provision of this Act, upon the application of the owner, municipality, corporation or person, and if, upon the hearing of the application, it is shown that the rate, toll, or charge is insufficient, excessive, unjust, or unreasonable, the board may change the rate, toll or charge to such other greater or lesser rate, toll or charge, as it deems fair and reasonable. When applicable 65(2) This section does not apply to contracts made before January 1, 1928, except by the consent of the parties thereto duly filed with the board or with The Municipal and Public Utility Board as that board was constituted under The Municipal and Public Utility Board Act , prior to the hearing of the application; and in the absence of a filed consent all statutory provisions applicable, prior to January 1, 1928, to the contracts and to the price to be charged for the supply of a commodity or service thereunder are applicable thereto. Saving clause 65(3) Nothing in this section is or involves a declaration as to the state of the laws in force prior to January 1, 1928, or to the coming into force of this section. Order requiring vote of ratepayers 66 Where, under any Act of the Legislature, a by-law or contract of a municipality is not valid until the approval or authorization of the board has been given thereto, and under that Act the by-law or contract is valid without the consent or sanction of the ratepayers or voters being given thereto by a vote, the board, notwithstanding that Act may, as a condition of giving its approval or authorization thereto, by order require the municipality to submit the by-law or contract for the sanction of the voters or ratepayers by taking a vote thereof at the time, and in accordance with the conditions, set out in the order. S.M. 2005, c. 27, s. 163 . Use of highways, watercourses, etc. 67 Where an owner of a public utility, having the right to enter a municipality for the purpose of placing therein, with or without the consent of the municipality, rails, posts, wires, pipes, conduits, or other appliances, upon, along, across, over, or under any public highway, street, square, watercourse, or part thereof, cannot come to an agreement with the municipality, or the authority having jurisdiction, as to the use of the highway, street, square, or watercourse in question, or as to the terms and conditions of the use, and applies to the board for permission to use the highway, street, square, or watercourse, or to fix the terms and conditions of the use, the board may permit the use of the highway, street, square, or watercourse, and prescribe the terms and conditions thereof. Crossing territory of municipality to reach other territory 68 Where an owner of a public utility, being unable to extend its system, line, or apparatus from a point where it lawfully does business to another point where it is authorized to do business, without placing its rails, posts, wires, pipes, conduits, or other apparatus upon, along, across, over, or under a public highway, street, square, watercourse, or part thereof, that it cannot lawfully so use without the consent of the municipal corporation or the authority having control thereof, and being unable to come to an agreement with the municipal corporation or the authority, applies to the board for permission to use the public highway, street, square, watercourse, or part thereof, for the purposes of the extension only, and without unduly preventing the use thereof by other persons or companies already lawfully using it, the board may permit the use, notwithstanding any law or contract granting any other person or corporation exclusive rights with respect thereto, but shall prescribe the terms and conditions upon which the owner may use the highway, street, square, or watercourse, or part thereof. Extension of services 69 Upon the complaint of any municipality that an owner of a public utility doing business in the municipality fails to extend its services to any part of the municipality, after hearing the parties and their witnesses, and making such inquiry into the matter as it sees fit, the board may order the extension of the service, and specify the conditions under which the extension shall be made, including the costs of all necessary works, which it may apportion between the owner of the public utility and the municipality in any manner it deems equitable. Transmission lines in rural municipalities 70 Where an owner of a public utility operated for the production, transmission, delivery, or furnishing of electric heat, light, or power is unable to extend its system, line, or apparatus in or through a rural municipality, without placing its posts, wires, or other apparatus upon, along, across, or over a public highway or street in the municipality, and applies to the board for permission to use the highway or street for the purpose of the extension only, and without unduly interfering with the use thereof by other persons or corporations already lawfully using the highway or street, the board, after submitting the matter to the council of the municipality and giving due weight to the representations made by the council, may, by its order, permit the extension and make it subject to such conditions as the interest of the public or of the municipality may require. Use of highways, bridges, etc. 71 Subject to the terms of any contract between an owner of a public utility and any municipality, and of the franchise or rights of the owner, the board may define or prescribe the terms and conditions upon which the owner shall or may use, for any of the purposes of the public utility, any highway or any public bridge or subway constructed or to be constructed by the municipality, or two or more municipalities, and may enforce compliance with the terms and conditions. Removal of works from highways 72 Where the operation of a public utility is being discontinued or has been discontinued by the owner, the board may require the owner to remove its works from the highways or may order that the owner be permitted to leave the works or any of them in or under the highways on such terms and conditions as may be fixed by the board. Disputes between utility and municipality 73 Where differences arise between an owner of a public utility and a municipality or other authority with reference to the performance of the terms and conditions mentioned in sections 67 to 71, the board on application may change those terms and conditions if, in its opinion, the changes are necessary or desirable. General supervision over utilities 74(1) The board has a general supervision over all public utilities and the owners thereof subject to the legislative authority of the Legislature, and may make such orders regarding equipment, appliances, safety devices, extension of works or systems, reporting, and other matters, as are necessary for the safety or convenience of the public or for the proper carrying out of any contract, charter, or franchise involving the use of public property or rights. Inquiries by board 74(2) The board shall conduct all inquiries necessary for the obtaining of complete information as to the manner in which owners of public utilities comply with the law, or as to any other matter or thing within the jurisdiction of the board. Board may refrain from exercising power 74.1(1) The board may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under this Act (a) in relation to any matter before it; or (b) in relation to (i) any public utility, (ii) any person who is subject to this Act, or (iii) any product or class of products supplied or service or class of services rendered within the province by a public utility, or by a person referred to in subclause (ii), that is subject to this Act; where the board finds as a question of fact that the public utility, person, product, class of products, service or class of services is or will be subject to competition sufficient to protect the public interest. Exception 74.1(2) The board shall not make a determination to refrain under subsection (1) in relation to a public utility, person, product, class of products, service or class of services, if the board finds as a question of fact that to refrain would be likely to impair unduly the establishment or continuation of a competitive market for that public utility, person, product, class of products, service or class of services. Imposition of conditions on associated person 74.1(3) Where the board considers it appropriate in relation to a determination under subsection (1) to refrain from exercising any power or performing any duty in relation to a product or class of products supplied or service or class of services rendered by a public utility or by a person referred to in subclause (1)⁠(b)⁠(ii), it may impose conditions on any person or company associated, in supplying the product or class of products or rendering the service or class of services, with (a) the public utility; (b) the owner of the public utility; or (c) the person. S.M. 1997, c. 11, s. 5 . Receivers, etc., subject to board 75 The fact that a receiver, manager, or other official of any public utility, or a sequestrator of the property thereof, has been appointed by any court in the province, or is managing or operating a public utility under the authority of any such court, or that the public utility is being wound up voluntarily, does not prevent the exercise by the board of any jurisdiction conferred by this Act; but every receiver, manager, or official is bound to manage and operate any such public utility in accordance with this Act and with the orders and directions of the board, whether general or referring particularly to the public utility; and every such receiver, manager, or official, and every person acting under him, shall obey all orders of the board within its jurisdiction in respect of the public utility, and is subject to having them enforced against him by the board, notwithstanding the fact that the receiver, manager, official, or person is appointed by, or acts under the authority of, any court. General powers 76 The board may (a) investigate, upon its own initiative, upon a request of the minister or the Lieutenant Governor in Council, or upon complaint in writing, any matter concerning any public utility; (b) appraise and value the property of any public utility wherever in the judgment of the board it is necessary so to do, for the purpose of carrying out any provision of this Act, and in making the valuation, may have access to and use any books, documents, or records in the possession of any department of the executive government of the province or of any board, commission, or association that reports to the government or of any municipality in the province; (c) require every owner of a public utility to file with it complete schedules of every classification employed and of every individual or joint rate, toll, fare, or charge made, charged, or enacted by it for any product supplied or service rendered within the province as specified in the requirement. Orders as to utilities 77 The board may, by order in writing after notice to, and hearing of, the parties interested, (a) fix just and reasonable individual rates, joint rates, tolls, charges, or schedules thereof, as well as commutation, mileage, and other special rates that shall be imposed, observed, and followed thereafter, by any owner of a public utility wherever the board determines that any existing individual rate, joint rate, roll, charge or schedule thereof or commutation, mileage, or other special rate is unjust, unreasonable, insufficient, or unjustly discriminatory or preferential; (b) fix just and reasonable standards, classifications, regulations, practices, measurements, or service to be furnished, imposed, observed, and followed thereafter by any such owner; (c) direct any railway, street railway, or traction company, to establish and maintain at any junction or point of connection or intersection with any other line of the road, or with any line of any other railway, street railway, or traction company, such just and reasonable connections as may be necessary to promote the convenience of shippers of property, or of passengers, and in like manner may direct any railway, street railway, or traction company engaged in carrying merchandise to construct, maintain, and operate, upon reasonable terms a switch connection with any private side-track that may be constructed by any private shipper to connect with the railway or street railway where, in the judgment of the board, the connection is reasonable and practicable and can be put in with safety, and will furnish sufficient business to justify the construction and maintenance thereof. Orders as to owners 78(1) The board may, by order in writing and notice to, and hearing of, the parties interested, require every owner of a public utility (a) to comply with the laws of the province and any municipal by-law affecting the public utility or its owner, and to conform to the duties imposed thereby, or by the provisions of its own charter, or by any agreement with any municipality or other owner; (b) to furnish safe, adequate, and proper service, and to keep and maintain its property and equipment in such condition as to enable it to do so; (c) to establish, construct, maintain, and operate any reasonable extension of its existing facilities where, in the judgment of the board, the extension is reasonable and practicable and will furnish sufficient business to justify the construction and maintenance thereof, and when the financial condition of the owner reasonably warrants the original expenditure required in making and operating the extension; (d) to keep its books, records, and accounts so as to afford an intelligent understanding of the conduct of its business, and to that end, in the case of owners of public utilities of the same class, to adopt a uniform system of accounting, which system may be prescribed by the board; (e) to furnish periodically, and in any case where the board requires, a detailed report of finances and operations, in such form, and containing such matters, and verified in such manner, as the board may, from time to time in that behalf, by order prescribe; (f) to carry, whenever in the judgment of the board it may reasonably be required, for the protection of the holders of securities or creditors of the owner, a proper and adequate depreciation account in accordance with such rules, regulations, and forms of account as the board may prescribe; (g) to give such notice to the board as it may by order require, of all accidents that occur within the province upon the property of the public utility or that directly or indirectly arise out of, or are connected with, its maintenance or operation, and to investigate any accident; (h) to apply to the Canadian Transport Commission, or such other tribunal or municipal or other body or official, as may have jurisdiction or authority in the premises, for permission, where necessary, to undertake any work ordered by the board contingently on the permission being granted. Fixing of rates of depreciation 78(2) The board shall, from time to time, ascertain and determine, and by order in writing after a hearing fix, proper and adequate rates of depreciation of the property of each public utility, in accordance with the regulations or classifications, and the rates shall be sufficient to provide the amounts required, over and above the expense of maintenance, to keep the property in a state of efficiency corresponding to the progress of the industry. Establishment of depreciation fund 78(3) Every owner of a public utility shall make its depreciation accounts conform to the rates ascertained, determined, and fixed under subsection (2), and shall set aside the moneys so provided for out of earnings, and carry the moneys in a depreciation fund; and the income from investments of moneys in the fund shall likewise be carried in the fund. Expenditure from fund 78(4) The owner of a public utility shall not expend moneys in a fund to which subsection (3) refers otherwise than for depreciation, improvements, new constructions, extensions, or additions to the property of the public utility or retirement of bonds and debentures issued by it. Orders respecting accidents 78(5) The board may make such order or recommendation with respect to any accident or matter to which clause (1)⁠(g) refers as in its judgment may be just and reasonable. Joint user of poles, etc. 79 Where it is in the public interest, or where, as a means of saving expense, it is in the interest of two or more owners of public utilities that there be joint use of the means of distribution, including poles, conduits, or other equipment, the board may, after notice to all parties concerned, in cases where it is practicable, order the joint use of such means of distribution and declare the terms thereof, and by the order or subsequent order may make such provision as may be necessary for the convenient and effectual carrying out of the work, and the operation of the services by means of the equipment to be jointly used. Span wires of street railways 80(1) For the purpose of clearing and improving the appearance of streets, and wherever it may be found practicable to do so, the board may, after notice to all parties concerned, direct that the wires known as span wires of street railway companies or tram-line companies shall, on any street or part of a street, be affixed to buildings on the properties abutting on the street. Expense 80(2) No direction under subsection (1) shall be made so as to involve any expense to the owner of any building, but the expense shall be paid by the municipality or street railway company or tram-line company, or by the two jointly, as the board may direct. Injuries to building 80(3) The directions given under subsection (1) and the work done pursuant to those directions shall be given and carried out, in such a way that no permanent injury to any building or inconvenience to the owner or occupant thereof is caused. Right of entry 80(4) The necessary access to any building for the purpose of performing the work necessary to carry out directions given under subsection (1) shall be afforded to the owner of the public utility by the owner of the building; and, in case of any question affecting the access, the board shall give proper directions. Reports on personnel of corporations 81 The board may require any corporation that is the owner of a public utility to file with the board a statement in writing, verified by the oaths of the president and secretary thereof, respectively, setting forth the name, title of office or position, and post office address, and the authority, power, and duties, of every officer, member of the board of directors, trustee, executive committee, superintendent, chief or head of construction and operation or department, division, or line of construction and operation thereof, in such form as to disclose the source and origin of each administrative act, rule, decision, order, or other action of the corporation, and within 10 days after any change is made in the title of, or authority, powers, or duties appertaining to, any such office or position, or the person holding the office or position, to file with the board a like statement, verified in like manner, setting forth the change. RESTRICTION ON POWERS OF OWNERS OF PUBLIC UTILITIES Discriminatory rates 82(1) No owner of a public utility shall (a) make, impose, or exact any unjust or unreasonable, unjustly discriminatory, or unduly preferential, individual or joint rate, commutation rate, mileage, or other special rate, toll, fare, charge, or schedule, for any product or service supplied or rendered by it within the province; (b) without the written authorization of the board and subject to subsection (2), make, impose, exact, or collect, any rate, toll, fare, or charge, or any schedule of rates, either individual or joint, for any product supplied or service rendered by it within the province; (c) adopt or impose any unjust or unreasonable classification in the making, or as the basis, of any individual or joint rate, toll, fare, charge, or schedule for any product or service rendered by it within the province; (d) adopt, maintain, or enforce any regulation, practice, or measurement that is unjust, unreasonable, unduly preferential, arbitrarily or unjustly discriminatory, or otherwise in violation of law, or provide or maintain any service that is unsafe, improper, or inadequate, or withhold or refuse any service that can reasonably be demanded and furnished when ordered by the board; (e) make or give, directly or indirectly, any undue or unreasonable preference or advantage to any person or corporation, or to any locality, or to any particular description of traffic in any respect whatsoever, or subject any particular person or corporation or locality, or any particular description of traffic, to any prejudice or disadvantage in any respect whatsoever; (f) subject to subsection (3), issue any stocks, stock certificates, bonds, or other evidences of indebtedness payable in more than one year from the date thereof, unless it has first obtained authority from the board for the proposed issue; (g) subject to subsection (9), (i) capitalize its right to exist as a corporation; or (ii) capitalize any right, franchise, or privilege in excess of the amount (exclusive of any tax or annual charge) actually paid to the government or any municipality in the province as the consideration therefor; or (iii) capitalize any contract for consolidation, merger, or lease; or (iv) issue any securities against, or as a lien upon, any contract for consolidation, merger, or lease; (h) without the approval of the board, sell, lease, mortgage, or otherwise dispose of or encumber its property, franchises, privileges, or rights, or any part thereof, or merge or consolidate its property, franchises, privileges, or rights, or any part thereof, with that of any other public utility or its owner; (i) subject to subsections (12) and (13), enter into any contract or arrangement, other than a contract to provide the services that the public utility provides, at rates approved by the board, with a company or firm in which the owner of the public utility or a director thereof has an interest, unless the public utility has filed with the board the contract, or a memorandum describing and giving full details of the arrangement, and has received from the board a written acknowledgment that the filing has been made as required herein; (j) discontinue service to the public without authorization of the board at least one year prior to discontinuance, unless otherwise provided in the statute or agreement under which the public utility is operated; (k) declare or pay any dividend, or effect any other distribution of the assets of the utility, when it appears likely that an application will be made in the foreseeable future for authority to discontinue service to the public, unless authorization of the board is first obtained; (l) declare or pay any dividend, or effect any other distribution of the assets of the utility, at a time when a subsisting order of the board prohibiting the owner from declaring or paying dividends or effecting any other distribution of or from the assets of the utility is in force, unless authorization of the board is first obtained; (m) declare or pay any dividend, or effect any other distribution of the assets of the utility, that would contravene any restriction on the payment or declaration of dividends or other distribution of the assets of the utility imposed by a subsisting order of the board, unless authorization of the board is first obtained. Application of clause (1)⁠(b) 82(2) Clause (1)⁠(b) does not apply (a) subject to clause 76(c) and clause 77(a), to any individual joint, or special rate, toll, fare, or charge, or any schedule of rates, commutation, or mileage, that was in effect prior to the coming into force of this Act; (b) subject to clause 76(c) and clause 77(a), to any individual joint, or special rate, toll, fare, or charge made by the owner of the public utility for any product supplied or service rendered or to any contract covering an individual, joint, or special rate, toll, fare, or charge made or entered into by such an owner for such a product or service; or (c) to any appliance sold by a public utility or to services rendered in respect thereof. Where clause (1)⁠(f) not applicable 82(3) Clause (1)⁠(f) does not apply to a municipality or to the city of Winnipeg. Where clause (1)⁠(h) does not apply 82(3.1) Clause (1)⁠(h) does not apply to the sale of the city's electric utility to Manitoba Hydro as approved by The Purchase of Winnipeg Hydro Act . Where clause (1)⁠(i) not applicable 82(4) Clause (1)⁠(i) does not apply in respect of a contract where the value of the consideration thereunder is less than $100. Orders affecting dividends 82(5) Where the board considers it expedient in the public interest, it may by order prohibit or restrict the payment of dividends by the owner of a public utility or any other distribution of the assets of the public utility. Liability of directors 82(6) If a company declares or pays a dividend, or effects a distribution of assets in contravention of clause (1)⁠(k), (l) or (m), the directors thereof are personally liable to repay to the company the amount or value of any money or assets so disbursed or distributed, but in the case of a contravention of clause (1)⁠(m), if the company could have disbursed or distributed part of the money or assets without any contravention of that clause, the directors shall be liable to repay only the amount of the excess. Relief for directors 82(7) A director (a) who is present at the time when a dividend is declared or a distribution of assets authorized, but who dissents therefrom and within seven days thereafter delivers to an officer of the company his written protest against the declaration or authorization; or (b) who is absent at the time when a dividend is declared or a distribution of assets is authorized and who, within seven days after he becomes aware of the declaration or authorization, delivers to an officer of the company his written protest against the declaration or authorization; and who, in either case, within seven days after delivery of the protest, sends a copy thereof by registered mail to the secretary of the board, thereby, and not otherwise, is relieved from liability under subsection (6) in respect of that dividend or distribution of assets. Order authorizing dividends 82(8) Notwithstanding clause (1)⁠(k), (l) or (m), the board may, upon application and after a hearing, by order authorize an owner of a public utility to declare and pay dividends or to effect any other distribution of the assets of the utility if the board is satisfied that the terms of the order adequately protect the public interest. Effect of clause (1)⁠(g) 82(9) Clause (1)⁠(g) does not prevent the issue of securities, subject to the approval of the board, in respect of any lawfully merged or consolidated public utilities not in contravention of clause (1)⁠(g). Certain dispositions void 82(10) Every sale, lease, mortgage, disposition, encumbrance, merger, or consolidation, made in violation of any provision of clause (1)⁠(h) is void; but nothing herein prevents the sale, lease, or other disposition, of any of the property of an owner of a public utility in the ordinary course of its business. Granting of authority to issue securities 82(11) The board shall grant the authority to which reference is made in clause (1)⁠(f) upon being satisfied that the proposed issue is to be made in accordance with law and that the purpose of the issue is approved by the board. Authority of board re contracts 82(12) Where a proposed contract is filed with the board as provided in clause (1)⁠(i), the board may (a) if the contract is not yet in effect, (i) by its order, disapprove the contract and order the public utility not to execute it or put it into effect; or (ii) order that the contract be amended in a manner specified in the order before it is executed or put into effect; or (b) if the contract is in effect, (i) order that the contract be terminated forthwith on such terms and conditions as may be stated in the order; or (ii) order that the contract be amended in a manner specified in the order, before any further action is taken, things are done, or payments are made thereunder. Compliance with orders of board 82(13) Where the board makes an order as provided in subsection (12), the contract to which the order relates (a) shall not be executed or put into effect; or (b) shall be terminated or amended; as prescribed in the order; and the public utility and all other persons who are parties to the contract or proposed contract shall comply with the order. Meaning of "interest in a corporation" 82(14) For the purposes of clause (1)⁠(i), a person shall be conclusively deemed not to have an interest in a corporation unless (a) he or any company of which he is a director holds at least 5% of the capital stock thereof; or (b) he is a director thereof. Preferential rates from municipal utility 82(15) Notwithstanding subsection (1), a municipality that is the owner of a public utility may, if authorized by by-law, enter into an agreement to charge an individual consumer a preferential rate; and, where the rate specified in the agreement is, in the opinion of the board, one to which clause (1)⁠(a) would apply, the authorizing by-law shall provide that the municipality shall annually pay, from proceeds of a special levy imposed annually for that purpose to the account of the utility concerned the difference between the amount received pursuant to the agreement and the amount that would have been received had the rate been established in compliance with this Act but without reference to this subsection; and the rate used in establishing the difference shall be approved by the board. Board authorization 82(16) A by-law may not be passed under subsection (15) unless it is authorized by the board. Terms of authorization 82(17) In authorizing a by-law under subsection (16), the board may prescribe such terms and conditions as it considers advisable in the circumstances, and all such terms and conditions shall be complied with by the municipality. Authority for special levy 82(18) The enactment of a by-law under subsection (15) authorized as provided in subsection (16) is authority for imposing the special levy mentioned in subsection (15). Required provision of by-law 82(19) Any agreement entered into pursuant to subsection (15) shall set out, as one of the recitals thereto, the provisions of subsections (15), (16), (17) and (18). S.M. 1996, c. 58, s. 469 ; S.M. 2002, c. 45, s. 10 . Statutory condition 83(1) In every public utility the operation or objects of which are the construction, working, or maintaining of telegraph, telephone, or transmission lines, or the delivery or sale of water, gas, heat, light, or power, the owner thereof shall fulfil the following conditions over and above those that may be prescribed by the board: (a) the owner shall not unnecessarily interfere with the public right to travel, and shall not in the construction of any such lines obstruct the entrance to any door or gateway existing at the date of the construction, or free access to any then existing building; (b) the owner shall not erect more than one line of poles along any highway and shall, so far as possible, make each pole straight and perpendicular; (c) the owner shall not unnecessarily cut down or mutilate any shade, fruit, or ornamental tree; (d) the opening up of any street, square, or other public place, for the erection of poles, or for the carrying of pipes or wires underground, shall be subject to the supervision of such person as the municipality concerned may appoint, and the street, square, or other public place shall, without unnecessary delay, be restored as far as possible to its former condition; and (e) where, in the exercise of the public right of travel, it is necessary that poles or wires be temporarily removed by cutting or otherwise, the owner shall, upon reasonable notice in writing from any person desiring it, at the party's expense, remove the poles and wires, but the owner may, subject to an appeal to the board, refuse to remove the poles and wires, if in its opinion the moving will jeopardize the service of the utility to the public. Owner responsible for damage in operations 83(2) An owner is responsible for all unnecessary damage that he wilfully or negligently causes in carrying out, maintaining, or operating any of his works. Cutting wires for fighting fires 83(3) An owner, unless so ordered by the board, is not entitled to compensation on account of his poles or wires being cut by order of the officer in charge of a fire brigade at any fire, if, in the opinion of the officer, it is advisable that the poles or wires be cut. Regulations respecting construction standards 83(4) The board may make and enforce regulations, not inconsistent with this Act, prescribing standards for the construction and erection of telephone, telegraph, and power transmission lines; and every such regulation made under and in accordance with the authority granted by this section, has the force of law; and any owner of a public utility who has constructed or erected such lines in accordance with such regulations, is relieved from all liability for damage arising out of the construction or erection of the lines. Badge for meter reader 83(5) Every person engaged in erecting or repairing any line or instrument of an owner, or engaged in an inspection or meter reading, shall have conspicuously attached to his dress a badge on which are legibly inscribed the name of the owner and a number by which the wearer can be readily identified. Authority to sell water, light, etc., required 83(6) Nothing in this section authorizes an owner to sell or distribute water, gas, light, heat, power, or electricity in any municipality without having previously obtained the consent of the municipality or other authority thereto, unless the owner is specially empowered so to do by any special or general Act of the Legislature or any letters patent or document issued under an Act of the Legislature. Changes in rates to be approved by board 84(1) No change in any existing individual rates, joint rates, tolls, charges, or schedules thereof or any commutation, mileage, or other special rates shall be made by any owner of a public utility, nor shall any new schedule of any such rates, tolls, or charges be established until the changed rates or new rates are approved by the board, when they shall come into force on a date to be fixed by the board; and the board may, either upon written complaint or upon its own initiative, hear and determine whether the proposed increases, changes, or alterations are just and reasonable. Onus 84(2) The burden of proof to show that any such increases, changes, or alterations are just and reasonable is upon the owner seeking to make the increases, changes, or alterations. Municipal utility accounts 85 Every municipality owning, operating or controlling any form of public utility service shall keep the accounts thereof in the manner prescribed by the board for the accounting of similar public utilities, and shall file with the board such statements thereof as may be directed by the board. Railway stations not to be abandoned without leave 86 No railway company within the legislative authority of the Legislature shall, without first obtaining the approval of the board, abandon any railway station, or stop the sale of passenger tickets at any station in the province at which passenger tickets are regularly sold, or cease to maintain an agent to receive and discharge freight at any station in the province at which an agent is maintained. Level crossings 87 No highway shall be constructed across the tracks of any railway company within the legislative authority of the Legislature at grade level, nor shall the tracks of any such railway company, or of any street railway or traction company, be laid across any highway, so as to make a new crossing at grade level, nor shall the tracks of any such railway or street railway or traction company be laid across the tracks of any other railway or street railway or traction company, without first obtaining therefor permission from the board; but this section does not apply to the replacement of lawfully existing tracks. Safety devices at level crossings 88 Where it appears to the board that a public highway and a railway within the legislative authority of the Legislature cross one another, or that a public highway and a street railway cross one another, or that any such railway and a street railway cross one another at the same level, and that conditions at the level crossing make it necessary that some provision for the protection of the travelling public using the crossing should be adopted, the board may order and direct the railway company or street railway company, or the authority responsible for the building or maintenance of the highway, or either or both of them, to install such protective devices or gates, or adopt such other reasonable provision for the protection of the travelling public at the crossing, as in the opinion of the board is necessary, with such division of the expense thereof as the board orders. Franchises to be approved by board 89(1) No privilege or franchise granted to any owner of a public utility by any municipality in the province, except such a privilege or franchise expressly granted under an Act of the Legislature, is valid until approved by the board. When approval given 89(2) The approval of a privilege or franchise under subsection (1) shall be given where, after hearing the parties interested, the board determines that the privilege or franchise is necessary and proper for the public convenience and properly conserves the interests of the public. Conditions to approval 89(3) The board in approving a privilege or franchise under subsection (1) may impose such conditions as to construction, equipment, maintenance, service, or operation as the public convenience and interests may reasonably require. Requirements respecting companies not subject to Legislature 90(1) No municipality shall enter into any agreement with, or grant any franchise to, any company the business and operations of which are not subject to the legislative authority of the Legislature, for the operation, management, or control of any system, works, plant, or equipment for the production, transmission, delivery, or furnishing of water, gas, heat, light, or power, either directly or indirectly, to the municipality, unless there is contained in the agreement or grant a provision whereby the company agrees to submit the business and operations thereof to the control and supervision of the board, in all respects as any such company would have been subject to the control and supervision were it the owner of a public utility as defined in this Act.
