- Updated to: February 23,
2016 -
(Includes Amendments Assented to
December 2, 2015) and
(Includes Amendments Assented
to December 9, 2010)
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Act)
CHAPTER
C-4.1
ISLAND
REGULATORY AND APPEALS COMMISSION ACT
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Definitions
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1. In this Act |
Commission |
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(a) "Commission" means the Island Regulatory and Appeals Commission;
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commissioner |
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(b) "commissioner" means a full-time or part-time member of the
Commission;
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Executive Committee |
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(c)
"Executive Committee" means the persons appointed under subsection 3(5);
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Island Waste
Management Corporation |
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(c.1) "Island Waste
Management Corporation" means the Island Waste Management Corporation
established by an order made under section 18 of the Environmental
Protection Act R.S.P.E.I. 1988, Cap. E-9;
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Minister |
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(d) "Minister" means the Minister of Education,
Early Learning and Culture;
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renewable energy
generator |
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(d.1) "renewable
energy generator" means a renewable energy generator as defined under the
Renewable Energy Act R.S.P.E.I. 1988, Cap. R-12.1; |
utility |
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(e) "utility" means any person and the lessees, trustees, liquidators or
receivers of any person that owns, operates, manages or controls, or is incorporated for
the purpose of owning, operating, managing or controlling any plant or equipment,
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(i) repealed by 1996, c.21,
s.1,
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(ii) for the production, transmission, distribution or furnishing of electrical energy, or
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(iii) for the provision of water or sewerage or water and sewerage service,
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either
directly or indirectly, to or for the public.
1991,c.18,s.1;
1993,c.29,s.4; 1995,c.32,s.3; 1996,c.21,s.1; 2001,c.9,s.1; 2004.c.16,s.20;
2005,c.34,s.2; 2009,c.73,s.2; 2015,c.28,s.3.
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Corporation |
2.(1) There is established a Corporation to be called the Prince Edward
Island Regulatory and Appeals Commission, which may also be known as the Island Regulatory
and Appeals Commission.
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Appointment |
(2) The Lieutenant Governor in Council shall appoint the
members of the Commission and shall designate the chairman and a
vice-chairman. 1991,
c.18, s.2.
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Composition of the
Commission |
3.(1) The Commission shall be composed of
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(a) a full-time chairman who shall
be the chief executive officer of the Commission;
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(b) a full-time vice-chairman, who shall assume primary responsibilities for matters
related to land;
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(c) one other commissioner;
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(d) not more than five part-time commissioners who shall be knowledgeable in one or
more of the following areas:
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(i) accounting, agriculture, municipal
planning, engineering, |
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(ii) business, environmental matters, finance, economics, |
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(iii) law, utilities, taxation, consumer protection.
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Chairman, term of office |
(2) The chairman, subject to removal from office for just
cause, shall hold office for a period of up to ten years as determined by
the Lieutenant Governor in Council from the effective date of appointment,
and is eligible for reappointment for a term of up to ten years.
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Term of office |
(3) Subject to removal from office for just cause, the term of office
of the commissioners other than the chairman shall be not less than three nor more than
ten years as determined by the Lieutenant Governor in Council at the time of appointment.
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Reappointment |
(4) A commissioner is eligible for reappointment.
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Executive Committee |
(5) The chairman shall appoint an Executive Committee of
the Commission consisting of two or more members of the Commission, one of
whom may be the chairman.
2001,c.41.s.1
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Orders, quorum |
(6) A decision or order made by any panel comprising two or
more commissioners, at least one of whom is a full-time commissioner is a decision or
order of the Commission.
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Rules of procedure,
administration |
(7) The Executive Committee may prescribe forms to be used by
the Commission and make rules and regulations governing administration and general
procedure, including |
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(a) authorizing the Commission to
establish panels to exercise the powers of the Commission; and
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(b) the imposition of time constraints on parties appearing before the Commission where
time constraints are in the interest of speedy resolution of matters before the
Commission.
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Idem |
(8) The Executive Committee
may make rules governing practice and procedure at hearings and may impose time
constraints on the parties appearing before the Commission where time constraints are in
the interest of a speedy resolution of matters before the Commission.
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Directions |
(9) Where any matter is before the Commission, the Commission
may give directions to the parties with respect to the conduct of the hearing.
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Authority of chairman
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(10)
The chairman has control and direction over the duties to be
performed by the Executive Committee, the other members of the Commission and by the staff
of the Commission.
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Powers of commissioner |
(11) For the purpose of discharging his functions, each
commissioner may
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(a) administer oaths;
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(b) certify to official acts;
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(c) by subpoena, compel the attendance of witnesses and the production of books, accounts,
papers, records, documents and other evidence.
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Contempt |
(12) A refusal of any witness to testify or a failure to
respond to any subpoena or other process of the Commission is a contempt and a judge of
the Supreme Court may, on application of the Commission or any
commissioner, compel obedience for contempt in the same manner as for contempt of the
court.
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Oath of office |
(13) Before entering on the discharge of their duties, each of
the commissioners shall be sworn to the faithful discharge thereof before a judge of the
Supreme Court.
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Tied vote |
(14) In the case of equal division of opinion on the part of
the commissioners, the decision of the chairman or the commissioner appointed by
the chairman to preside in any matter before the Commission shall prevail.
1991,c.18,s.3; 2001,c.41,s.1;
2008,c.20,s.49.
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Conflict of interest |
4.(1) Each commissioner shall arrange his private affairs in a
manner that will enhance public confidence in the independence of the Commission and
prevent conflicts of interest from arising.
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Idem
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(2)
Any
commissioner who
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(a) holds an interest, directly or
indirectly, in any share, stock or other security of a utility;
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(b) makes use of any privileged information for personal gain or the gain of others; or
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(c) accepts any remuneration, fee, gift, gratuity or other benefit which could reasonably
be considered to influence his decision in respect of the performance of his functions,
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is in conflict of interest.
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Vacating office |
(3) If any commissioner voluntarily holds an interest described
in clause (2)(a), his office thereupon becomes vacant, and if any commissioner holds such
an interest otherwise than voluntarily, he shall, within a reasonable time, divest himself
of the interest, and if he fails so to do, his office shall thereupon become vacant.
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Effect of vacancy |
(4) A vacancy in the office of commissioner does not
impair the ability of the remaining commissioners to act.
1991,c.18,s.4.
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Functions |
5.
The functions of the Commission are
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(a)
subject to the provisions of the Electric Power Act R.S.P.E.I.
1988, Cap. E-4 to regulate utilities except sewerage and water utilities owned, operated,
managed or controlled by the City of Charlottetown, City of Summerside or
the Towns of Charlottetown South or Charlottetown West;
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(b) to hear and decide matters relating to land use, to decide upon the disposition of
applications respecting the acquisition of land by non-residents and corporations where so
required by any Act;
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(c) to hear and decide appeals from decisions of
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(i) the Director under the Rental
of Residential Property Act R.S.P.E.I. 1988, Cap. R-13.1,
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(ii) the Minister of Finance under the Real Property Assessment Act R.S.P.E.I.
1988, Cap. R-4 or the Real Property Tax Act R.S.P.E.I. 1988, Cap. R-5,
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(iii) the Provincial Tax Commissioner under the Revenue
Administration Act R.S.P.E.I. 1988,
Cap. R-13.2, and;
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(iv) the
Minister of Finance under the
Emergency 911 Act R.S.P.E.I. 1988,
Cap. E.5.1; and
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(d) to perform such other functions
as may be conferred on the Commission under any enactment.
1991,c.18,s.5; 1993,c.29,s.4;
1994,c.25,s.30 {eff.} July 4/94; 1994,c.29,s.1; 2006,c.30.7;
2010,c.31,s.3; 2010,c.9,s.8; 2012,c.17,s.2; 2015,c.28,s.3;
2015,c.36,s.35.
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Powers
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6.(1)
The Commission
has
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(a) all the jurisdiction and powers
conferred or vested in it by this Act or any other enactment, and all other implied or
incidental powers necessary to perform its functions;
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(b) the powers of a company incorporated under the Companies Act R.S.P.E.I. 1988,
Cap. C-14;
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(c) power to levy assessments, levies, license fees and
other charges to cover the cost of its operations and such assessments and
charges may be imposed upon the government.
1991,c.18,s.6.
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Levies
respecting renewable energy generators |
(2) The Commission may not
under subsection (1), or under section 15, levy or issue an assessment on a renewable
energy generator.
1991,c.18,s.6; 2004,c.16.s.20 |
Levies
respecting IWMC |
6.1 The
Commission may not, under sections 6 or 15, levy or issue an assessment on
the Island Waste Management Corporation. |
Staff |
7.(1) The Commission may
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(a) appoint such staff and define
their duties;
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(b) engage such consultants or other assistants,
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as it considers necessary to
perform its functions.
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Application of Civil
Service Act
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(2)
The
Civil Service Act R.S.P.E.I. 1988, Cap. C-8 does not apply to any
person employed by the Commission.
1991,c.18,s.7.
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Procedure
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8.
In the exercise
of its jurisdiction the Commission
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(a) may require a party to provide
such records, books or information as the Commission considers necessary to decide the
matter in issue;
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(b) may decide all matters of procedure not otherwise
provided for in the rules made under subsection 3(7) or (8).
1991,c.18,s.8.
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Determining questions of
fact
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9.
In determining
any question of fact the Commission is not bound by the finding or judgment of any court
in any suit, prosecution or proceeding involving the determination of that fact, but the
finding or judgment, in proceedings before the Commission, is prima facie
evidence only.
1991,c.18,s.9.
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Defects in procedure,
effect of
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10.
A substantial compliance with the requirements of this Act or any other Act
conferring jurisdiction, power or authority on the Commission is sufficient
to give effect to all the rules, orders, acts and regulations of the
Commission, and no rule, regulation, order, decision, or act of the
Commission shall be declared inoperative, illegal or void for any omission
of a technical nature in respect thereof.
1991,c.18,s.10.
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Reference of matters to
Supreme Court
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11.(1)
If in any
matter before it, the Commission is of the opinion that any issue involved is properly
triable in a court of law, it may of its own motion or upon application of any party
transmit a statement of the issue to the Supreme Court.
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Procedure
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(2)
The Supreme
Court or a judge thereof shall determine the procedure to be followed on the transmission
referred to in subsection (1) and may enlarge or amend any issue involved.
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Jurisdiction of court
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(3) The Supreme Court or the judge thereof shall try the
issue transmitted to it under subsection (1) or the enlarged or amended
issue and remit the matter to the Commission with its decision thereon.
1991,c.18,s. 11.
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Alternative dispute
resolution
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11.1(1)
The
Commission may use alternative dispute resolution where it considers it appropriate to do
so for the purpose of resolving any issue or matter in dispute before the Commission.
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Jurisdiction of court |
(2) The terms of any agreement signed as a result of the
use of alternative dispute resolution procedures may be incorporated in and
form part of an order made by the Commission.
1995,c.32,s.3.
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Review, etc. of decisions
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12.
The Commission may, in its absolute discretion, review, rescind or vary any
order or decision made by it, or rehear any application before deciding it.
1991,c.18,s.12.
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Appeal
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13.(1)
An appeal
lies from a decision or order of the Commission to the Court of Appeal upon a question of law or jurisdiction.
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Notice of appeal
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(2)
The appeal
shall be made by filing a notice of appeal in the Court of Appeal within twenty days after
the decision or order appealed from and the rules of court respecting appeals apply
with the necessary changes.
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Commission deemed a party
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(3)
The
Commission shall be deemed to be a party to the appeal.
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Costs
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(4) No costs shall be payable by any party to an appeal
under this section unless the Court of Appeal, in its discretion, for
special reasons, so orders.
1991,c.18,s.13;
2008,c.20,s.49.
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Stated case to the Supreme
Court by Commission
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14.(1)
The
Commission may, of its own motion or upon the application of any party and upon such
security being given as the Commission may direct, state a case in writing for the opinion
of the Court of Appeal upon any question which in the opinion of the
Commission is a question of law.
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By Minister
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(2)
A similar
reference may also be made at the request of the Minister.
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Jurisdiction of court
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(3)
The Court of Appeal shall hear and determine the question stated under subsection (1) or (2) and all
questions of law arising therefrom and remit the matter to the Commission
with the opinion of the court thereon.
1991,c.18,s.14; 2008,
c.20,s.49.
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Annual expenses
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15.(1)
The annual
expenses of the Commission shall be borne by the several utilities and other persons who
are subject to the supervision or control of the Commission under this or any other
enactment or are parties to appeals to the Commission and the Commission may levy
assessments upon them for that purpose.
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Assessments, classification
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(2)
The
Executive Committee shall determine the amount to be assessed, having regard to the amount
required for the previous year, and for the purpose of providing for an equitable
apportionment of the expenses of the Commission among utilities and other persons, the
Executive Committee may classify the utilities and other persons and determine the total
amount to be paid by each utility or class of person and the basis upon which the share of
each utility or class of person shall be arrived at.
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Assessment within each
class
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(3)
After the
Executive Committee has determined the total amount required from each of the utilities or
class of persons so determined, it shall forthwith assess the amount required from each
utility or person and shall determine the manner and time within which each payment is to
be made.
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Notification of persons
assessed
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(4)
Except in
the case of a license fee payable on the granting of a license, the Commission shall
forthwith notify each public utility or other person of the amount so assessed upon it or
him and the time within which payment shall be made.
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Payment of assessment,
enforcement of
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(5)
If any
utility or person fails to pay the amount so assessed against it or him or any instalment
or portion thereof within the time fixed by the Commission for the payment of the amount,
the Commission may make application, without notice to any person, to a judge of the
Supreme Court for an order that judgment for the amount of the assessment so in default
may be entered in the court against the utility or person.
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Jurisdiction of court
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(6)
The judge
shall grant the order referred to in subsection (5) on proof by affidavit of the amount of
the assessment so in arrears and of the giving of the notice of the assessment as
required by this section.
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Execution
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(7) On any judgment entered under this section, execution
may be issued as on any other final judgment of the Supreme Court.
1991,c.18,s.15.
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Annual report
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16.
The Commission shall, at the end of its financial year, prepare and forward
to the Minister a report of its activities together with a statement of its
receipts and expenditures for the preceding year.
1991,c.18,s.16.
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Audit
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17.
The Executive Committee shall appoint an auditor to audit the accounts and
financial transactions of the Commission.
1991,c.18,s.17.
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Service of documents
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18.
Unless otherwise required by any Act conferring jurisdiction on the
Commission, any notice, order, judgment, or decision by the Commission may
be served on any person affected thereby by mailing it to the person by
registered post.
1991,c.18,s.18.
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Indemnity
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19.
A commissioner and any person acting on the instructions of the Commission
or under the authority of this Act are not personally liable for any loss or
damage suffered by any person by reason of any act done by them in good
faith in the exercise or purported exercise of their functions.
1991,c.18,s.19.
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Regulations
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20.
The Commission may make regulations.
1991,c.18,s.20.
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Repeal
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21. Act repealed.
1991,c.18,s.21.
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Consequential amendments
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22.
Various Amendments.
1991,c.18,s.22.
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Transitional provisions
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23.(1)
Where, on
the date this Act comes into force, any matter is the subject of a proceeding commenced
before an authority then having jurisdiction that would after that date be a matter for
the Commission, that authority shall continue to exercise jurisdiction and shall decide
the appeal or make the decision as if this Act had not come into force.
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Idem
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(2) All orders, decisions, rules, regulations, directives
or policy statements made by an authority referred to in subsection (1)
shall continue in force until they are repealed or revoked or others are
made in their stead by the Commission.
1991,c.18,s.23.
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Commencement
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24.
This Act came into force on November 4, 1991 by proclamation of the
Lieutenant Governor in Council.
1991,c.18,s.24.
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