Bill 116 (Legislature 12, Session 1)

L12 S1 6784

Alberta — Bills

Bill No. 116 of 1953 A BILL TO AMEND THE PUBLIC UTILITIES ACT NOTE This Bill amends The Public Utilities Act being

chapter 28 of the Revised Statutes of Alberta, 1942.'

Section 70b is amended to permit approval by the Board of Public Utility Commissioners of a gas producer's contract prior to the ,construction of the gas absorption plant.

Section 701 is amended. The effect of this amendment is to extend the provisions of this

section to the distributors of electricity to the public. This

section provided that a contract, made between the owner or producer of gas or the owner of a gas absorption or gas processing plant and the distributor of gas to the public, for the supply or sale of gas to the distributor, if approved by order of the Board, could not be changed or varied by the Board unless the change was provided for in the Board's order or the change is ac'ceptable by the parties to the contract.

Section 71 is amended by the addition of a new subsection (2).

The new subsection provides that the Board's consent or approval is not required for the issue of shares of its capital stock by a proprietor of a public utility upon the exercise of an optional right of conversion attaching to any shares, stocks, debentures and any other evidence of indebtedness where the issue of the same was previously approved by the Board, or for a right of entry, sale or other proceedings for the enforcement of a mortgage or charge created by trust deed in the enforcement of the security constituted by the trust deed or in the exercise of the remedies thereby granted where the trust deed or instru ment or security was approved or authorized by the Board.

This Bill ,comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

Section 70b amended BILL No. 116 of 1953

An Act to amend The Public Utilities Act (Assented to ,1953) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Utilities Act, being

chapter 28 of the Re vised St.atutes of Alberta, 1942, is hereby amended. 2,.

Section 70b is struck out and the following is sub stituted: Contracts "70b.

(1) In lieu of making an order under subsection :rit~r~d~~:~~ (3) of

section 70a, the Board with the approval of the Lieu of gas tenant Governor in Council, may designate any area of land Term of contract in the Province from which gas is produced, and may permit the operator of an absorption plant, or a person, firm or corporation which has been granted a permit pursuant to

section 41 or approval pursuant to

section 75 of The Oil and Gas Resources Conservation Act, 1950, to enter into a contract with any owner or producer of gas produced from the designated area fixing the price to be paid by the operator, person, firm or corporation to the owner or pro- ducer for the gas. H

(2) Any such contract may be for a fixed period and shall have no force or effect until it is approved by the Board. "

(3) The operator, Or a person, firm or 'corporation as set forth in subsection (1), shall enter into similar contracts with each owner or producer of gas within the designated area if "(

a) the owner or producer is willing to enter into a 'contract with the operator, or a person, firm or corporation, and " (

b) in the opinion of the Board, the gas belonging to the owner or producer can be processed economically by the operator, or a person, firm or ,corporation as set forth in subsection (1). "

(4) The Board, with the approval of the Lieutenant Governor in Council, may withdraw the approval of a con tract given pursuant to subsection (2), in the event that the person, firm or corporation referred to in subsection (1) fails to prosecute the construction of the plant and facilities with reasonable diligence.".

2 3. Sectio.n 701 is amended by adding immediately after ~::~d~70! the wo.rds "the distributo.r o.f gas" the wo.rds "o.r electricity" .

Section 71 is amended (

a) by renumbering the sectio.n as subsectio.n (1), (

h) by adding immediately after subsectio.n (1) the fo.I Io.wing new subsectio.n: "

(2) No.twithstanding any o.f the pro.visio.ns o.f subsectio.n (1), the appro.val, autho.rity, permissio.n or ,co.nsent o.f the Bo.ard shall no.t be required in o.r with respect to. "(

a) the issue o.f any shares o.f its capital sto.ck by a pro.prieto.r under the exercise o.f any optio.nal right o.f co.nversio.n attaching to. any shares, stocks, bo.nds, debentures, debenture sto.ck o.r other evidence o.f indebtedness, the issue o.f which has previo.usly been appro.ved by the Bo.ard, "(

b) a Tight of entry, sale, disPo.sitio.n or o.ther pro ceedings in the enfo.rcement o.f a mo.rtgage o.r charge created by trust deed or other instru ment o.r security in the enfo.rcement o.f o.r 'pursuant to, the security therebyco.nstituted o.r in the exercise of the rights or remedies there by granted o.r otherwise available at law if such trust deed o.r o.ther instrument o.r security was approved o.r autho.rized by the Board.".

Section 71 amended 5. This Act co.mes into. fo.rce o.n the day upon which it is Coming into force assented to..

No. 116 FIRST SESSION TWELFfH LEGISLATURE 2 ELIZABETH II 1953 BILL An A,ct to amend The Public Utilities Aet Received ,and read the First time .......................................... . Seeond time ...................... . Third time ......................................... . RON. MR. MANNING Title: 1953 (12th, 1st) Bill 116,

An Act to amend The Public Utilities Act

Document details

Collection	Alberta — Bills
Citation	L12 S1 6784
Type	bill
Volume / chapter	L12 S1 6784
Language	en
Format	json
Source	PROVINCIAL
Identifier	e92f90cbe6fecafbd9a6d2bf99c1ef67632e82e7

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