- Updated to: March 27, 2003 -
CHAPTER W-2
WATER AND
SEWERAGE 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 established under section 2 of the
Island Regulatory and Appeals Commission Act R.S.P.E.I. 1988, Cap. I-11;
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person
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(b) "person" includes an association, a
body corporate, a partnership, and a municipality;
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public utility
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(c) "public utility" means any person
engaged in constructing, altering, extending, managing or controlling, any
system for providing the service of water or sewerage or water and sewerage
for the public in any area within Prince Edward Island. R.S.P.E.I. 1974,
Cap. W-2,s.1; 1983,c.33,s.66; 1991,c.18,s.22.
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Powers of Commission
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2. (1)
Notwithstanding any statute of this province, the Commission has and shall
exercise general supervision and control over all public utilities as
defined in this Act, and the provisions of the
Island Regulatory and Appeals Commission Act extend and apply to the Commission in the
exercise of the duties imposed by this Act.
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Powers of Commission
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(2)
Notwithstanding subsection (1), the Commission does not have general supervision and
control over sewerage and water of Charlottetown, City of Summerside or the Towns of
Charlottetown South or Charlottetown West and in relation to those utilities this
Act shall apply as if for references to the Commission there were substituted references
to the relevant municipal council. R.S.P.E.I. 1974, Cap. W-2,s.2; 1991,c. 18,s.22;
1994,c.66,s.1 {eff.} March 31/95.
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Permit for public utility
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3. Before commencing
the construction, alteration, or extension of any water or sewerage system,
every public utility shall obtain from the Commission a permit in writing
authorizing the same, and shall submit to the Commission at least one copy
of all plans, engineer's reports and estimates of costs, together with such
other information and data as the Commission may require. R.S.P.E.I. 1974,
Cap. W-2,s.3; 1988,c.68,s.1.
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Approval of Commission
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4. The Commission
may approve any application in whole or in part and may amend or vary the
same as it sees fit. R.S.P.E.I. 1974, Cap. W-2,s.4; 1988,c.68,s.1.
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Issuance of permit
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5. When the
Commission approves, amends or varies an application, it shall issue a
permit to the public utility which shall carry out the work according to any
conditions of the permit. R.S.P.E.I. 1974, Cap. W-2,s.5; 1988,c.68,s.1.
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Equipment and material to comply
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6. No equipment or
material shall be used in the construction, extension or alteration of any
water or sewerage system that does not comply with the requirements of the
Commission. R.S.P.E.I. 1974, Cap. W-2,s.6.
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Entry on private property
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7. When the
Commission finds
that it is in the public interest that any public utility locate
any portion of any water or sewerage system on private property and that no
agreement can be reached with the owner of the property, the Commission may
order, on such terms and conditions and subject to the payment of such
compensation, if any, as may seem just, that the public utility have leave
to enter upon the private property and there locate any portion of any water
or sewerage system and have access thereto at all times for repairing,
operating or maintaining the same, but at no time doing unnecessary damage.
R.S.P.E.I. 1974, Cap. W-2,s.7.
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Measurement of service
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8. The Commission
may prescribe the method by which any service under this Act shall be
measured and may require any public utility to install all equipment and
fittings necessary to comply with such method and may make regulations
governing the classification of the methods of measurement and determining
the person or persons to whom the classifications apply. R.S.P.E.I. 1974,
Cap. W-2,s.8.
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Rates and charges fixed by Commission
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9. Notwithstanding
any statute of this province or any agreement or usage to the contrary all
rates and charges for the supplying of water or sewage disposal shall be
fixed and determined by or approved by the Commission. R.S.P.E.I. 1974, Cap.
W-2,s.9.
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Basis for rates and charges
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10. (1) The rates
and charges shall be fixed and determined in accordance with the generally
accepted public utility practices after taking into consideration local
conditions and circumstances.
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Classification & prescription of rates &
charges
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(2) Where considered necessary by the
Commission such rates and charges may be classified and prescribed as
follows:
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(a) an initial charge for constructing and
establishing connection from the main water or sewerage line of a public
utility to any building or structure on the land and premises of any person
for the purpose of supplying water or sewage disposal; |
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(b) monthly, quarterly or other periodical rates or charges for
supplying water to a premises based on the method of measurement prescribed
by the Commission in accordance with section 8; |
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(c) monthly, quarterly or other periodical rates and charges for
sewage disposal where the Commission considers the same to be necessary and
equitable; |
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(d) such other rates and charges for construction or for service
provided as the Commission may approve. R.S.P.E.I. 1974, Cap. W-2, s.10.
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Service deemed to be received
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10.1 For the purposes of
this Act, a person along whose lands run sewer or water mains shall be deemed
to receive service, be supplied with water or provided with sewerage disposal,
as the case may be, notwithstanding that such sewer or water mains are not
physically connected by lateral lines to any residence, building or other
structure situate upon the said lands of such person.
1989,c.9,s.2 {eff.} June
12, 1980.
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Depreciation account
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11. (1) Every
public utility shall carry a proper and adequate depreciation account when the
Commission, after investigation, shall determine that the depreciation account
can be reasonably required.
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Rates of depreciation, determination of
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(2) The Commission shall ascertain and
determine what are proper and adequate rates of depreciation for the several
classes of property or material of each public utility. R.S.P.E.I. 1974, Cap.
W-2,s.11.
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Form of records prescribed by
Commission
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12. The Commission may
prescribe the forms of all books, accounts, papers and records required to be
kept by a public utility, and every public utility is required to keep and
render its books, accounts, records and papers accurately and faithfully in
the manner and form prescribed by the Commission and to comply with all
directions of the Commission relating to the books, accounts, papers and
records. R.S.P.E.I. 1974, Cap. W-2,s.12. |
Forms, reports on by public utility
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13. The Commission may
cause to be prepared suitable blank forms and shall, when necessary, furnish
the forms to each public Utility, which shall make thereon such reports to the
Commission as it may require. R.S.P.E.I. 1974, Cap. W-2,s.13.
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Amortization for organization expenses
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14. The Commission may
direct that a public utility shall make certain provisions for the
amortization of any sums allowed for organization expenses and expenses of
valuation, and may direct that the sum required annually for the amortization
shall be charged as an operating expense. R.S.P.E.I. 1974, Cap. W-2,s.14.
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Schedule of new rates presented to
Commission
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15. (1) When any public
utility wishes to vary any existing rates, or charges, or to establish any new
rates or charges it shall submit for the approval of the Commission a schedule
of the proposed rates and charges. |
Approval of rates and charges
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(2) The Commission may approve the
schedule of rates, either in whole or in part, or may amend or vary the same
as it sees fit.
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Effect of approval
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(3) On the approval the rates and charges
are the lawful rates and charges of the public utility until altered or
modified under this Act. R.S.P.E.I. 1974, Cap. W-2,s.15; 1988,c.68,s.2.
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Service rules and regulations, powers
of Commission
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16. (1) All rules and
regulations of any public utility relating to the kind of service to be
supplied to customers and the manner by which the service shall be supplied,
shall be subject to approval by the Commission and, after approval, those
rules and regulations shall govern the service.
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Commission, power to make rules and
regulations
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(2) Notwithstanding subsection (1),
the Commission may make rules and regulations relating to the kind of service
and the manner by which the service shall be supplied to customers of a public
utility. 1988,c.68,s.3.
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Interim approval where no previous
schedule
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17. When a public
utility submits for the approval of the Commission a schedule of rates and
charges that apply only to a service for which no schedule of rates and
charges has previously been approved, the Commission may grant an interim
approval of the schedule, and thereafter until otherwise ordered by the
Commission, the schedule of rates and charges are the lawful rates and charges
to be made by the public utility with respect to the services therein
mentioned. R.S.P.E.I. 1974, Cap. W-2,s.16.
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Public hearing
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18. The Commission may
order a public hearing in respect of any schedule of rates and charges
submitted for approval under this Act, and reasonable notice thereof shall be
given to such public utility and to the public. R.S.P.E.I. 1974, Cap.
W-2,s.17.
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Written complaint
against rates, etc.
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19.
Upon written complaint to the Commission, against any public utility, by any
five persons that any of the rates, charges or schedules, whether fixed by or
the subject of a signed contract or agreement or otherwise, are unreasonable
or discriminatory, or that any regulation, practice or act affecting or
relating to the supplying of water and sewerage, or any services in connection
therewith are unreasonable, insufficient, or discriminatory or that the
service is inadequate, or unobtainable, the Commission shall, after notice to
the public utility, investigate such complaint, and may order that such rates,
charges or schedules be modified or altered, or that the regulations,
measurement, practice or acts be modified or changed, or may order, on such
terms and subject to such conditions as may seem just, that the public utility
furnish reasonable and adequate service and facilities and make such
alterations, extensions and additions as may be required. R.S.P.E.I. 1974,
Cap. W-2,s.18.
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Deposit to cover costs of investigation
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20. The Commission, when
called upon to institute any investigation, may in its discretion, require
from the complainants, the deposit of a reasonable amount of money or other
security to cover the costs of the investigation, which money shall be dealt
with as the Commission may direct should the decision be given against the
complainants. R.S.P.E.I. 1974, Cap. W-2,s.19.
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Investigation of complaint by
Commission
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21. When in the opinion
of the Commission any ground exists for a complaint against any public
utility, the Commission may, on its own motion, investigate such ground in the
same manner and with the same powers as are set forth in section 19.
R.S.P.E.I. 1974, Cap. W-2,s.20. |
Inspection of record, etc. by
Commission
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22. For the purpose of
carrying out its duties under this Act the Commission by its engineers,
accountants, valuators and others shall have access, at all reasonable hours,
to inspect all books, records, equipment and material of any public utility.
R.S.P.E.I. 1974, Cap.W-2,s.21.
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No free or lesser rates than in
schedule
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23. Subject to this Act no
person shall knowingly solicit, accept or receive any rebate, concession or
discrimination with respect to any service or affecting or relating to any
public utility whereby any such services are, by any device whatsoever,
rendered free or at a lesser rate than named in the schedule in force, as
provided herein, or whereby any service or advantage is received other than as
is herein specified. R.S.P.E.I. 1974, Cap. W-2,s.22.
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Discontinuance of service
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24. (1) If any person
serviced with water and sewerage by any public utility neglects or refuses to
pay the amount of the rates or charges due for the same, the public utility
may discontinue the service and stop the water supply.
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Removal of meters & disconnect pipes
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(2) Where the public utility discontinues
the service and stops the water supply the officers or agents of the public
utility may after forty-eight hours notice, enter the premises of such person
between the hours of nine o'clock in the forenoon and four o'clock in the
afternoon, and separate and take away any meter or other equipment belonging
to the public utility, and disconnect any pipes or fittings, whether it's
property or not, from the system of such public utility. R.S.P.E.I. 1974, Cap.
W-2,s.23.
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Detrimental equipment to service of
public utility
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25. If a customer of any
public utility installs or connects or is to desirous of installing or
connecting any service or equipment which, in the opinion of
the public utility, is or may be detrimental to the service utility being
rendered, the matter may be referred to the Commission and the Commission may
make such order thereon as appears reasonable and just. R.S.P.E.I. 1974, Cap.
W-2,s.24.
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Penalty for offences
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26. Every person or
public utility neglecting or refusing to obey, comply with or carry into
effect any rule or order of the Commission, made under this
Act, or who violates any provision of this Act for which no penalty is
provided is liable to a penalty of not less than $5 nor more than $500,
which may be imposed by the Commission, and if the same is not paid within
fifteen days after the imposition thereof, the Commission may proceed to
collect the same in the same manner as is prescribed for the recovery of
assessment under the
Island Regulatory and Appeals Commission Act
R.S.P.E.I. 1974, Cap. W-2, s.25; 1991,c.18,s.22. |
Penalties to go to consolidated revenue
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27. Every penalty or
fine imposed or collected under this Act goes to and forms part of the
Consolidated Fund of the province. R.S.P.E.I. 1974, Cap. W-2,s.26. |
Judicial review
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28. Notwithstanding
section 26, proceedings in the Supreme Court by way of application for
judicial review lie against any person or public utility which fails to carry
out any order of the Commission made under this Act or which performs or
commences to perform any act in contravention of any order of the Commission
made under this Act. R.S.P.E.I. 1974, Cap. W-2,s.27.
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