Bill 80 (Legislature 9, Session 4)

L9 S4 7685

Alberta — Bills

Bill No. 80 of 1944. A BILL TO ESTABLISH THE ALBERTA POWER COM MISSION AND PRESCRIBE ITS POWERS AND· DUTIES. NOTE. This Bill establishes the Alberta Power Commission and prescribes its powers and duties. Power is defined by the Act as including hydraulic electrical, steam, gas or other power. ' The Commission will consist of not ,more than three members to be appointed by the Lieutenant Governor in Council. The Bill is largely

an Act empowering the Lieutenant Governor in Council to authorize the Commission to manu facture and distri.bute power, to develop waterpower, to purchase properties for the manufacture or distribution of power as well as to expropriate lands used or suitable for use for the generation or distribution of power. In the event of expropriation, provision is made for payment of compensation. By a separate

section the Commission is given power to enter upon, take possession of and manage without expro priation existing plants for manufacturing or distributing power. Provision is made in the Bill for the setting up of rural power districts and for the making of contracts with rural municipalHies for the distribution of power in rural power districts. Power is also given to the Commission to -contract with any municipality to supply power.

The Bill provides that all property acquired by the Commission shall belong to the Crown in the right of the Province and that the net profits be paid, under the direc tion of the Lieutenant Governor in Council, into the General Revenue Fund of the Province. w. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its prov~sions.)

BILL No. 80 of 1944

An Act to establish a Power Commission for the Province of Alberta and to prescribe its powers and duties. (Assented to ,1944) HIS MAJE.ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Power Commission Act."

INTERPRETATION. 2. In this Act unless the context otherwise requires the expression,- (a) "Commission" means The Alberta Power Commis sion; (b) "Minister" means the Minister of Trade and Industry; (c) "Municipality" means any city, town, village or municipal district; (d) "Power" includes hydraulic, electrical, steam, gas or other power and also includes energy; (e) "Rural Municipality" means and includes any village, municipal district and improvement district. ORGANttlATION OF COMMISSION 3.

There shall be a commission to be styled "The Alberta Power Commission" which shall be a body corporate and shall consist of not more than three members appointed by the Lieutenant Governor in Council. 4.-(1)

(2) The Lieutenant Governor in Council shall, (

a) designate one of the members of the Com mission to be chairman; (

b) specify what number of members shall constitute a quorum. Every member of the Commission shall receive such remuneration as may be approved by the Lieutenant Governor in Council. -

(3) Any vacancy which occurs in the Commission shall be filled by the Lieutenant Governor in

2 Council but such a vacancy shall not impair the right' of the remaining member or members to act until such vacancy is filled. - 5. The Commission, with the consent of the Lieutenant Governor in eouncil, may appoint such officers and employees as may be deemed requisite and shall determine their salaries and other remuneration. 6. No action shall be brought,- (

a) Against the Commission without the permission of the Lieutenant Governor in Council first had and obtained; (

b) against any member of the Commission in respect of anything done or omitted by him in the exercise of his office. 7. Whenever required so to do by the Lieutenant Gov ernor in Council the Commission shall inquire into, examine and investigate,- (

a) water powers and water privileges in Alberta, their value and capacity; (

b) the existing facilities for the manufacture and distribution of power in Alberta; (

c) such other matters relating to power and its distribution in Alberta as the Lieutenant Gov ernor in Council from time to time may require; and shall report thereon to the Lieutenant Governor in Council. 8. For the purposes of carrying out the duties imposed upon the Commission by this Act the Commission and any nominee of the Commission shall each of them have all the powers authorized to be conferred, upon a commissioner appointed under The Public Inquiries Act, being

chapter 139, of the Revised Statutes of Alberta, 1942. 9.-

(1) The Lieutenant Governor in Council may authorize the Commission,- (

a) to manufacture, distribute, sell and supply power; ( b ) (

i) to develop and use any water power for the purposes of this Act; (ii) to apply to the appropriate authority or authorities for the right to divert or use water from, or to construct or cause to be constructed any dam or other works for the impounding of water in any river, stream, watercourse, lake, creek, spring, ravine, canyon, lagoon, swamp, marsh or other body of water, or for the grant of any other necessary rights and to make agreements for such purposes;

3 (iii) to acquire by purchase, lease or otherwise or without the consent of the owner or of any person interested therein to expropriate and use the right to divert or use water already granted to such owner or other person inter ested; (

c) to acquire by purchase the whole or any part of the property, assets and undertaking of any person, firm, or corporation manufacturing or distributing power in Alberta, including shares held or owned by such Gorporation in any other corporation or corporations with the same Or similar objects, and to acquire the whole or any part of the properties, assets and -undertakings 6f such other corporation or ,corporations and to maintain and operate any property or properties so acquired; (

d) to acquire by purchase, lease or otherwise, and construct, maintain and operate works for the production of power by any means whatsoever; (e) (I) (

g) to acquire by purchase, lease or otherwise, or with out ,the consent of the owner or of any person inter- ested therein, to enter upon, take possession of, expropriate and use, lands used, or suitable for use, as a site for works for generating power, Or used or required as a site for power stations or sub-stations, and all buildings, erections, machinery, plant and other works and appliances upon such lands; to acquire by purchase, lease or otherwise, and without the consent of the owner thereof or of any person interested therein, to enter upon, take pos session of, expropriate and use, maintain and operate all ere,ctions, machinery, plant and other works and appliances for the transmission, supply and distribution of power; and' to conduct, store, transmit and supply power for the purposes of this Act, and with lines of wires, poles, conduits, pipes, motors or other conductors or devices, receive, ,conduct, convey, transmit, distribute, supply or furnish such power to or from any person at any place through, over, under, along, upon or across any land, public highway, street, lane or public place, stream, water, watercourse, bridge, viaduct, or railway; and through, over or under the land of any municipality or person; to construct, maintain and operate all erections, machinery, plant and other works and appliances for the transmission, supply and distribution of power; and to conduct, store, transmit and supply power for the purposes of this Act, and with lines of wires, poles, conduits, pipes, motors or other conductors or devices, receive, conduct, convey, transmit, distribute, supply or furnish such power to or from any person at any place, through, over, under, along, upon or across any land, public

(h) 4 highway, street, lane, or public place, stream, water, watercourse, bridge, viaduct, or railway; and through, over or under the land of any municipality or person; to contract with any person or municipality manu facturing, generating, transmitting or distributing power, or proposing so to do, to supply power to the Commission; (

i) to contract with any person or municipality to supply power to such person or municipality; (

j) to require any person or municipality generating, transmitting or distributing power to furnish to the Commission or as directed by the Commission S.o much thereof as may be deemed necessary by the Commission; (

k) to acquire by purchase or to expropriate any works and the land occupied or used in connection there with or any part thereof, used or intended for the distribution of power in a municipality which has entered into an agreement with the Commission for the supply of power, and to contract for the sale and transfer to such municipality of such works and land upon such terms and for such price (not being less than the pri,ce paid by the Commission, with the expenses in connection with such pu:rchase or expropriation added thereto) as may be agreed upon; and in the event of sU,ch municipality refusing to purchase such works so acquired, or in the event of failure to reach an agreement, to maintain and operate such works; (

l) to contract with any railway, power or transmission company, irrigation district or other corporation or person for the use of its or his right-of-way or property for the erection of works and other con structions for manufacturing, generating or trans mitting power; (

m) to expropriate, purchase, lease or otherwise acquire lands which the Commission may deem necessary for office, services, or other buildings and to erect thereon such buildings and works; (

n) to lease, sell or otherwise dispose of, upon such terms as it deems proper, any property, real or personal, which the Commission may deem unneces sary for its purposes; (0) to lease or operate the works for the generation, transmission, distribution or use of power of any person, including any municipality or irrigation district, on such terms as the Commission may arrange with the owner; (

p) to do any other thing incidental to or for the better carrying out of the foregoing provisions;

(2) The powers mentioned in this

section shall include the right to take, acquire or retain possession for such time

5 as. the Commission may deem proper, and under agreement wIth the owner or person interested, or without his consent, of such l~nds or of such estate, right, title, privilege, ease ment, or Interest in, over, upon, or in respect of or relating to any land as to the Commission may seem desirable or expedient.

(3) Whenever the Commission acts under the authority to expropriate conferred by this section, compensation shall be made to the owners or persons interested, for the lands, works and other assets taken and for all damage necessarily resulting from the exercise of the powers granted to the Commission by this section, and in fixing such compensation regard shall in all cases be had to the value of the lands, works and other assets taken or to the nature and extent of the estate, right, privilege, easement or interest which the Comm1ission decides to take and acquire in, over, upon or in respect of the lands, works or other assets and the com pensation shall be based thereon. 10.-

(1) NotwithstanEling the provisions of

section 9 and in addition to such provisions the Lieutenant Governor in Council may authorize the Commission, forcibly or other wise, to enter upon, seize, and take possession of,- (

a) the whole or any part of the property, assets and undertaking of any person, firm or corporation m'anufacturing or distributing power in Alberta; (

b) the whole or any part of any lands, used or suitable for use as a site for works for generating power or used or required as a site for power stations or sub-stations and all buildings, erections, machinery, plant and other works and applian,ces upon such lands; (

c) the whole or any part of any buildings, erections, machinery, plant and other works and appliances for the transmission, supply and distribution of power; together with the books and offices of the person, firm or corporation owning or operating the undertaking and to assume and take over the management of the undertaking for and in the interests of the shareholders and the public and all or any of the powers, duties, rights and functions of the directors and officers of such person, firm or corpora tion in all respects, including the employment and dismissal of officers and servants thereof for such time as the com mission continues to direct such management.

(2) Upon the Commission taking possession of any property under the provisions of this section,- (

a) it shall be the duty of every off~cer and employ~e of the person, firm, or corporatIon referred .to. In subsection (1) to ohey the orders of the CommIsSIOn or of such person or persons as the Commission places in authority in the mapagement of any or all departments of the undertakIng;

6 (

b) the Commission may determine, receive and payout all moneys due to or owing by the person, firm or Gorporation in subsection (1) referred to and give 'cheques, acquittances and receipts for moneys to the same extent and as fully as the proper officers thereof could do if no such possession had taken place.

(3) The costs and expenses incidental to taking posses sion of and assuming the management of an undertaking by the Commission under this

section shall be in the discretion of the Commission and the Commission may direct by whom and to what extent they shall be paid. 11. Wherever the Commission exercises the powers to expropriate conferred by this Act,- (

a) the Commission shall deposit in the ,Land Titles Office for the Land Registration District within which such property is situate a description or descriptions thereof either by metes and bounds or by reference to existing registered plans or both or by reference to a new plan or plans of survey prepared by a land surveyor duly li,censed for the Province of Alberta, and which said descriptions or plans or both shall be signed by the chairman of the Commission and shall be entitled in the matter of this Act and upon such deposit having been made the real property or properties therein described shall thereupon become and remain vested in the Commission, subject to payment of the compensation to be paid as hereinafter provided; (

b) the Com.mission shall deposit or cause to be deposited in the office of the Clerk of the Supreme Court for the Judicial District within which such personal property is situate a'detailed inventory or inventories thereof signed by the chairman of the Commission and such personal property by such deposit shall thereupon become and remain vested in the Commission, subject to payment of the com pensation to be paid as hereinafter provided; (

c) upon the filing in the Land Titles Office of. the description or plans or both of any land taken pursuant to the provisions of this Act and upon the deposit in the office of the Supreme Court of the inventory or inventories before referred to, the Commission shall cause to be served by registered mail up~n the owner of sU,ch property so taken, and approprIated and in the case of real property upon all persons shown by the records of the Land Titles Office to be interested in the land so taken a notice setting forth the compensation which the 'Commis sion is prepared to pay for the lands and personal property so taken; (

d) if any person entitled to compensation for lands or personal property taken as aforesaid is dissatis-

7 fied with the amount offered therefor he shall wi thin thirty days f rom the date of the mailing of the notice provided for in paragraph (c), notify the Commission in writing of his dissatisfaction and shall in such notice state the amount that he claims as compensation for the real or personal property taken, together with a full statement of the facts in support of his claim and in the event of no claim for increased compensation being received by the C~mmission within the period, the person entitled to compensation shall be deemed to be satisfied with and shall be bound to accept the amount of com pensation mentioned in the notice referred to in paragraph (c); (

e) the Commission shall consider every claim for increased ,compensation and shall notify the claimant of its decision in respect thereto by registered letter addressed to the claimant's last known address; (

f) the claimant if dissatisfied with the decision of the Commission may within thirty days after being notified as aforesaid of the decision give notice in writing to the Commission which may be by registered letter that he will submit the claim to arbitration and the claim shall thereupon be submitted to arbitration and the arbitration shall be by two arbitrators, one to be appointed by the claimant and one by the Commission and the arbitration shall be governed in all respects by the provisions of The Arbitration Act. 12.

On acquiring the plant, machinery, appliances and equipment used or intended for the distribution of power in a municipality the Commission may with the approval of the Lieutenant Governor in Council cancel any special franchise or any right or permis~ion granted to any person, firm or corporation, to construct, maintain or operate within the municipality in, under, above on or through any highway, road, street, lane, public square or public water within the municipality, poles, wires, conduits, erections, structures or other things for the purpose of transmitting or conveying power. 13.

The Commission m,ay own, construct and operate the distribution system within the boundaries of a municipality with which it has entered into a contract for the supply of power and may bill all persons served and collect all accounts owing for power supplied or service rendered to such persons, but any city or town entering into a c~ntract with the Commission for the supply of power may, WIth the approval of the Commission, own, con~truct and operate its own distribution system and collect Its own accounts for power supplied or services rendered.

8 14.-

(1) The Commission may, out of any funds in its hands, purchase such electrical, hydraulic or other machinery, appliances, apparatus and furnishings as may be used in the transmission, distribution, supply or use of power, and may dispose thereof to municipal corporations and commissions, and to other peTsons, firms and' corpora tions.

(2) The Lieutenant Governor in Council, upon the request of the Commission specifying,- (

a) the nature and volume of the business to be carried on; and (

b) the extent of the liability which may be incurred in connection therewith; may authorize the Commission within the Province of Alberta to manufacture such electrical, hydraulic or other machinery, appliances, apparatus and furnishings as may be used in the development, transmission, distribution, supply or use of power, and to acquire patents of invention, or interest therein, and to sell and dispose of such machin ery, appliances, furnishings or patent rights and the profits and losses arising from such operation shall be adj usted and apportioned among the municipalities having contracts with the Commission, or be otherwise applied as the Commission shall see fit. 15.-

(1) Subject to the approval of the Lieutenant Governor in Council, the Commission may contract with a rural municipality or with two or more rural municipalities, for the supply and distribution by the Commission of power in the rural municipality or municipalities; and the Com mission may layout and define areas, hereinafter called "rural power districts", in the rural municipality or munici palities for the distribution of power; and the Commission may, on its own behalf or on behalf of the rural municipality or municipalities,- (

a) acquire, construct, extend, reconstruct, hold, main tain, operate and administer all works necessary for the transm·ission to, and the transforming and distributing in any sU,ch rural power district of power; (

b) supply power to customers of the respective rural municipalities in any such rural power district; (

c) perform, enjoy and enfor,ce all contracts in which the rural municipality or either or any of the rural municipalities agrees to supply or sell power to any such customer or at any premises within such rural power district; and the Commission may, at any time, enlarge or alter the boundaries of any rural power district.

(2) Whenever a rural municipality at the time of enter ing .int? a ~ontract with the Commission has been operating a dIstrIbutIOn system for distributing power to its inhabi tants, or has a contract with the Commission for a supply

9 of power under any other part of this Act, the Commission with the approval of the council of the rural municipality may take over, acquire, reconstruct, extend and operate such distribution system, and may perform, enjoy and enforce the contracts with the customers thereof, and may incorporate such system in a rural power district. 1,6. In the case of an improvement district any contract authorized by this Act may be made with the Minister of Municipal Affairs who is hereby authorized to enter into such contract. 17.

The Commission may take such steps as it may deem advisable to increase the demand for power in cities, towns and villages in which consumers are supplied with power directly by the Commission. 18. No corporation shall extend its service of power to any person or into an area or district not being served with power by the said corporation until permission in writing has been obtained from the Board of Public Utility Commissioners for such extension. 19. Notwithstanding the provisions of The Treasury Department Act,- (

a) the income of the Comlmission shall he applied by the Commission to defray its operating expenses, to provide for the preservation, improvement, super vision, renewal, repair, maintenance and insurance of its works, and the salaries and other remunera tion and expenses of its members, officers and em ployees, and for such other purposes as may be authorized or required by this Act; (

b) all funds, includings borrowings, income and rev enue, whi,ch shall come into the hands of the Commission, whether as agent, trustee, owner or otherwise, ,shall form one fund, out of which the Commission shall from time to time make any and all expenditures necessary for its purpose. The Commission shall account therefor in its annual report under

section 25; (

c) the salaries and all expenses incurred by the Com mission shall he chargeable to and payable out of such moneys as may be appropriated for that pur pose by the Legislature or out of revenues of the Commission; (

d) all property, whether real or personal, acquired by the Commission, shall belong to the Crown in "the right of the Province. 20.-

(1) The Commission may retain and set apart out of the moneys coming into its hands from time to time such sums as may, in the opinion of the Commission, be suffi- cient,-

10 (

a) to provide for the renewal, reconstruction, altera tion and repair of the works constru.cted and oper ated by the Com'mission; (

b) to meet interest upon working capital and for the operations of the Commission under this Act, and to meet obligations,charges, salaries and expenses arising from time to time in the course of such operations; (

c) to meet any unforseen expenditures or costs caused by the destruction or injury of any of the works of the Commission or otherwise incurred or payable by the Commission.

(2) Any surplus remaining in the hands of the Com mission after providing for the payments provided for in the preceding subsection, shall be appropriated to such purposes as the Lieutenant Governor in Council, may from time to time, direct, and generally to maintain such reserve, depreciation and surplus accounts as should be maintained by a properly managed public utility.

(3) The net profits, remaining from time to time shall, when directed by the Lieutenant Governor in Council be paid into tl1e General Revenue Fund of the Province and be appropriated to the public service of the Province. 21.-

(1) With the approval of the Lieutenant Governor in Council and subject to such terms and conditions as the Lieutenant Governor in Council may prescribe the Com mission may from time to time borrow or raise by way of loan any sum of money for the purposes of the Com mission.

(2) When authorized so to do by the Lieutenant Gov ernor in Council the Provincial Treasurer may guarantee at any time the repayment of advances made to the Commission or any other indebtedness incurred by the Commission. 22. The Commission with the approval of the Lieutenant Governor in Council may fix and establish rates to be charged for power supplied by the Commission to any person or municipality. 23.

The Commission with the approval of the Lieutenant Governor in Council may make such rules and regulations ~s may be deeme~ expedient for the purpose of fully carry Ing out the true Intent, purpose and object of this Act and of any c?ntr~ctmade under it, and to impose a penalty for the VIOlatIOn of any such rule or regulation of not less that ten ~ollars ~or more !han.five hundred dollars for every day durIng whIch the vIOlabon continues, such penalties to be recove~able on

summary conviction, and when recov ered to be paId over to the Commission . . 24. The accounts of the Commission shall, from time to bme and at least once every year, be audited by the Pro-

11 vincial Auditor or by some other auditor or auditors appointed by the Lieutenant Governor in Council. 25.-

(1) The Commission shall annually after the end of its fiscal year m.ake a report to the Minister showing the revenues and expenditures during its last fiscal year, to gether with a full and complete statement of the reserve funds of the Commission and an audited balance sheet of its financial transactions during the period, together with such oth-er information as the Lieutenant Governor in Council requires.

(2) The Minister shall lay a copy of the report of the Commission before the Legislative Assembly during the next ensuing session thereof. 26. This Act shall ,come into force on the day upon which it is assented to.

FOURTH SESSION NINTH LEGISLATURE 8 GEORGE VI 1944 BILL

An Act to establish a Power Com mission for the Province of Alberta and to prescribe its powers and duties. Received and read the First time Second time .. Third time ....................................... . HON. MR. MANNING. EDMONTON: A Shnitka, King's Printer 19ff Title: 1944 (9th, 4th) Bill 80,

An Act to establish a Power Commission for the Province of Alberta and to prescribe its powers and duties

Document details

Collection	Alberta — Bills
Citation	L9 S4 7685
Type	bill
Volume / chapter	L9 S4 7685
Language	en
Format	json
Source	PROVINCIAL
Identifier	cbf1c8eb380a994d6d2030fe3e6493f9946b3688

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