Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 2

AN ACT TO AMEND THE ELECTRICAL POWER CONTROL ACT, 1994 AND THE PUBLIC

UTILITIES ACT

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE SIOBHAN COADY

Minister of Natural Resources

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Electrical Power Control Act, 1994 and

the Public Utilities Act to establish

an open access electricity transmission system.

A BILL

AN ACT TO AMEND THE ELECTRICAL POWER

CONTROL ACT, 1994 AND THE PUBLIC UTILITIES ACT

Analysis

ELECTRICAL

POWER CONTROL ACT, 1994

S.2 Amdt.

Definitions

S.3 Amdt.

Power policy

S.5.2 Amdt.

Exemption

S.5.8 Amdt.

Act to apply

Part II.2 Added

PART

II.2

OPEN ACCESS

14.3 System

operator

14.4 System

operator agreements

14.5 Access

to transmission information

S.32 Amdt.

Regulations

PUBLIC

UTILITIES ACT

Ss.2 & 3 R&S

Definitions

3. Act not to apply to small projects

S.3.1 Amdt.

Exemption from Act

S.4.1 Amdt.

Exemption

S.33 R&S

Agreements

S.37.1 Added

Requirement to

provide open access

S.48 R&S

Restriction

of sale

S.53 Amdt.

Use of poles, etc. by other utility, etc.

S.71 R&S

Approval

of rules and regulations relating to service

Ss.71.1 to 71.3 Added

71.1

Approval of transmission tariff

71.2 Optimization rate

S.72 R&S

Information

to be posted

S.75 Amdt.

Interim

order

S.82 Rep.

Investigation

by board

S.84 R&S

Power

and procedure of board upon complaint

S.84.1 Added

Complaint from transmission customer,

transmission owner or system operator

Ss.85 & 86 R&S

85. Notice

to public utility

86. Notice

of hearing

Ss.86.1 to 86.3 Added

86.1 Complaint against system operator

86.2 Investigation by board

86.3 Investigation by board re: open access

S.87.1 Added

Powers

of board re: open access

Ss.88 & 89 R&S

88. Hearing

89. Notice

of hearing

S.103 R&S

Contravention

of order of board

Ss.105 to 108 R&S

105. Penalty

for unjust discrimination

106. Prohibition

against accepting unauthorized compensation

107. Penalty

for undue preference or

prejudice

107.1 Penalty for failure to provide

open access

108. Penalty

for soliciting or receiving

rebate

S.120 Added

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

ELECTRICAL POWER CONTROL ACT, 1994

SNL1994 cE-5.1

as amended

(1) Section 2 of the Electrical Power Control Act, 1994 is amended by renumbering paragraph

(

a) as paragraph (a.1) and adding immediately before that paragraph the

following:

(a) "ancillary service" means a service

that is necessary to support transmission service on the integrated electric

system while maintaining reliable operation of the integrated electric system;

(2) Section 2 of the Act is amended by adding

immediately after paragraph (

h) the following:

(h.1) "integrated electric system" has the

same meaning as in the Public Utilities

Act ;

(3) Section 2 of the Act is amended by deleting

the word "and" at the end of paragraph (

r) and by adding immediately

after that paragraph the following:

(r.1) "system operator" means the entity

established under

section 14.3;

(r.2) "transmission customer" means a

person that

(

i) is receiving transmission service on the

integrated electric system,

(ii) has applied to become a customer of the system

operator, or

(iii) is a customer of the system operator and has

applied to receive transmission service on the integrated electric system;

(r.3) "transmission owner" means a person

that owns or manages a part of the integrated electric system;

(r.4) "transmission service" means a service

for the reservation and transmission of capacity and energy from one or more points

of receipt to one or more points of delivery;

(r.5) "transmission tariff" means a compilation of documents

that set out the

(

i) rates and rate methodology,

(ii) conditions of service,

(iii) policies, and

(iv) rules

relating to the provision of transmission

service and ancillary service on the integrated electric system; and

2. Paragraph 3(

b) of the Act is amended by adding

immediately after subparagraph (iv) the following:

(iv.1) that would result in open, non-discriminatory

and non-preferential access to, interconnection with and service on the

integrated electric system,

Section 5.2 of the Act is amended by

renumbering it as subsection 5.2(1) and adding immediately after that

subsection the following:

(2) A n

exemption granted under subsection (1) before the coming into force of

subparagraph 3(b)(iv.1) shall not exempt the person to whom the

exemption was granted from complying with subparagraph 3(b)(iv.1).

(3) Where the person referred to in subsection

(1) is the system operator, a transmission customer or a transmission owner, that

person is not exempted from complying with the sections of this Act and the

regulations to the extent necessary to carry out its duties and functions as

the system operator, a transmission customer or a transmission owner under this

Act and the regulations.

Section 5.8 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), the Public Utilities Act and the regulations

under that Act shall apply to the transmission lines and related assets located

in Labrador that form part of the integrated electric system to the extent

necessary for the system operator, a transmission customer and a transmission

owner to comply with

(

a) subparagraph 3(b)(iv.1); and

(

b) those sections of this Act and the Public Utilities Act and the regulations

under those Acts that are necessary to carry out its duties and functions as

the system operator, a transmission customer or a transmission owner under

those Acts and regulations.

5. The Act is amended by adding immediately after

section 14.2 the following:

PART II.2

OPEN ACCESS

System operator

14.3

(1) The system operator is established as the entity responsible for

(

a) the safe and reliable operation of the

integrated electric system; and

(

b) providing transmission service and ensuring the

availability of ancillary service on the integrated electric system.

(2) The Lieutenant-Governor in Council shall by

regulation designate the system operator.

(3) The system operator is a public utility.

(4) The system operator shall direct the operation

of the integrated electric system.

(5) A transmission owner shall provide the system

operator with the authority to direct the operation of the part of the

integrated electric system that it owns or manages.

(6) At the request of the system operator or a transmission owner, the public

utilities board may impose on the system operator and the transmission owner

are necessary to comply with this Act, the Public

Utilities Act and the regulations under those Acts.

System operator

agreements

14.4 The

public utilities board shall consider an agreement between the system operator

and Newfoundland

and Labrador Hydro to be at arm's length.

Access to

transmission information

14.5

(1) The

system operator shall, within the time period prescribed in the regulations, ensure

that transmission customers are provided with simultaneous, open,

non-discriminatory and non-preferential access to current information with

respect to

(

a) the availability of transmission service and

ancillary service on the integrated electric system;

(

b) the transmission tariff;

(

c) an optimization rate under

section 71.2 of the

Public Utilities Act ; and

(

d) other matters prescribed in the regulations.

(2) The system operator shall keep confidential

all information relating to the integrated electric system and transmission

customers that is not required to be disclosed under subsection (1).

6. Subsection 32(2) of the Act is amended by

adding immediately after paragraph (b.1) the following:

(b.2) designating the system operator;

(b.3) prescribing the duties and functions of the

system operator;

(b.4) prescribing the duties and functions of

transmission owners and transmission customers;

(b.5) prescribing information required to be provided

by the system operator under

section 14.5;

(b.6) prescribing the time period in which the

system operator is required to provide access to information under

section

14.5;

PUBLIC UTILITIES ACT

RSNL1990 cP-47

as amended

7. Sections 2 and 3 of the Public Utilities Act are repealed and the following substituted:

Definitions

2. In

this Act

(a) "ancillary service" means a service

that is necessary to support transmission service on the integrated electric

system while maintaining reliable operation of the integrated electric system;

(b) "board" means the Board of

Commissioners of Public Utilities;

(c) "commissioner" means a member of the

board;

(d) "integrated electric system" means the

system for providing transmission service at or above 230 kilovolts or another

kilovolt level prescribed by the regulations and includes

(

i) the structures, equipment or facilities used

for that service except those structures, equipment or facilities exempted in

the regulations, and

(ii) the structures, equipment and facilities prescribed

in the regulations that connect the system referred to in subparagraph (

i) with

generation facilities and distribution systems in the province and with

transmissions systems outside the province;

(e) "net income" means money available

for dividends and surplus, according to the accounts prescribed by the board

and required to be kept by public utilities;

(f) "optimization rate" means a rate

relating to the provision of transmission service on the integrated electric

system that is lower than the rate approved in the transmission tariff;

(g) "person" includes an individual,

partnership, corporation, government or agency of a government, unincorporated

organization, trustee, administrator and other legal representative;

(h) "public utility" means a person that

owns, operates, manages or controls structures, equipment or facilities in the

province for

(

i) the production, generation, storage, transmission,

delivery or provision of electric power, energy, water or heat, directly or

indirectly, to or for the public or a corporation for compensation,

(ii) the collection, storage, transmission,

delivery or provision of water through mains, directly or indirectly, to or for

the public or a corporation for compensation, or

(iii) the collection, treatment or disposal of

sewage through mains, directly or indirectly, for or from the public or a

corporation for compensation;

(i) "service" includes

(

i) the use and accommodation provided by a public

utility,

(ii) a product or commodity provided by a public

utility, and

(iii) the plant, equipment, apparatus, appliances,

property and facilities employed by or in connection with a public utility in providing

service or a product or commodity for the purposes in which the public utility

is engaged and for the use and accommodation of the public;

(j) "shares" means common or ordinary

shares;

(k) "system operator" has the same

meaning as in the Electrical Power

Control Act, 1994 ;

(l) "transmission customer" means a

person that

(

i) is receiving transmission service on the

integrated electric system,

(ii) has applied to become a customer of the system

operator, or

(iii) is a customer of the system operator and has

applied to receive transmission service on the integrated electric system;

(m) "transmission owner" means a person

that owns or manages a part of the integrated electric system;

(n) "transmission service" means a

service for the reservation and transmission of capacity and energy from one or

more points of receipt to one or more points of delivery; and

(o) "transmission tariff" means a compilation

of documents that set out the

(

i) rates and rate methodology,

(ii) conditions of service,

(iii) policies, and

(iv) rules

relating to the provision of transmission

service and ancillary service on the integrated electric system.

Act not to apply

to small projects

3. This

Act does not apply to a public utility where

(

a) it became a public utility after April 30,

1987;

(

b) its total installed generating capacity at

each location in the province where it has structures, equipment or facilities

located is less than 1,000 kilowatts; and

(

c) it generates electricity.

8. Subsection 3.1(2.1) of the Act is repealed and

the following substituted:

(2.1) Subsection (1) shall not apply to

(

a) Newfoundland

and Labrador Hydro;

(

b) Newfoundland Light & Power Co. Limited;

(

c) Deer Lake Power Company Ltd.; and

(

d) a transmission owner.

(2.2) Notwithstanding paragraph (2)(a), subsection

(1) applies to Corner Brook Pulp and Paper Limited.

Section 4.1 of the Act is amended by

renumbering it as subsection 4.1(1) and adding immediately after that

subsection the following:

(2) An exemption granted under subsection (1) before the

coming into force of subparagraph 3(b)(iv.1) of the Electrical Power Control

Act, 1994 shall not exempt the person to whom the exemption was granted

from complying with subparagraph 3(b)(iv.1)

of the Electrical Power Control Act, 1994 .

(3) Where the person referred to in subsection

(1) is the system operator, a transmission customer or a transmission owner, that

person is not exempted from complying with the sections of this Act and the

regulations to the extent necessary to carry out its duties and functions as

the system operator, a transmission customer or a transmission owner under this

Act and the regulations.

(4) The Lieutenant-Governor in Council may by

regulation exempt the system operator from one or more sections of this Act.

Section 33 of the Act is repealed and the

following substituted:

Agreements

33. The

Minister of Finance acting on behalf of the Crown may enter into, execute and

deliver a trust deed, trust indenture or an agreement with the board, a lender,

a trustee acting for the holders of bonds, debentures or other securities or

be made under this Act.

11. The Act is amended by adding immediately after

section 37 the following:

Requirement to

provide open access

37.1

(1) A

transmission owner shall provide transmission customers with open,

non-discriminatory and non-preferential access to, interconnection with and use

of the part of the integrated electric system owned or managed by the

transmission owner.

(2) The system operator shall provide transmission

customers with open, non-discriminatory and non-preferential access to

transmission service and ancillary service on the integrated electric system.

(3) The board may, with or without notice, make an

order appointing a person to make examinations, investigations or tests for the

purpose of ascertaining whether the requirements in subsections (1) and (2) are

met and may in the order make provision as to the remuneration and expenses the

person is to be paid by the system operator or transmission owner where the board

certifies that they are payable.

Section 48 of the Act is repealed and the

following substituted:

Restriction of

sale

48. A

public utility shall not sell, assign or transfer the whole of its undertaking

or a part of it to a person until the approval of the board has been obtained.

13. Subsection 53(2) of the Act is repealed and the

following substituted:

(2) Where an agreement cannot be reached regarding

the use or the conditions or compensation for the use of the equipment referred

to in subsection (1), a public utility or a person interested may apply to the

board for an order regarding the use or the conditions or compensation for the

use.

(2.1) Where after an investigation the board

determines that public convenience and necessity require the use of the

equipment referred to in subsection (1) and that it would not result in a

substantial detriment to the service rendered by the owners or other users of

the equipment, the board shall issue an order

(

a) directing that the use be permitted; and

(

b) prescribing the conditions and compensation

for the use.

Section 71 of the Act is repealed and the

following substituted:

Approval of rules

and regulations relating to service

71. A

public utility shall submit for the approval of the board the rules and

regulations which relate to its service, and

amendments to them, and upon approval by the board they are the rules and

regulations of the public utility until altered or modified by order of the

board.

15. The Act is amended by adding immediately after

section 71 the following:

Approval of

transmission tariff

71.1

(1) The system operator shall

submit the transmission tariff and any amendments to the transmission tariff to

the board for approval.

(2) Where the board approves the transmission

tariff, it shall issue an order and the system operator shall file the

transmission tariff with the board.

(3) The transmission tariff filed with the board under

subsection (2) is binding on the system operator, transmission customers and

transmission owners and all contracts entered into by the system operator after

the filing of the transmission tariff shall comply with the transmission

tariff.

(4) Where the board approves an amendment to the

transmission tariff, the board may order the parties to a contract entered into

before the amendment to modify the contract to comply with the amendment to the

transmission tariff approved by the board.

(5) A modification to a contract under this

section shall not invalidate the contract in other respects.

Optimization rate

71.2

(1) The

board may establish rules regarding an optimization rate.

(2) Notwithstanding

section 71.1, where the board

establishes rules under subsection (1) and there is capacity on a part of the

integrated electric system that is not scheduled to be used in a period, the

system operator may provide transmission service on that part of the integrated

electric system in that period at an optimization rate in accordance with the

rules established under subsection (1).

(3) The optimization rate shall be effective on

the date that the system operator provides access to information regarding the

optimization rate in accordance with

section 14.5 of the Electrical Power Control Act, 1994 .

(4) The optimization rate shall be available on the

effective date to all transmission customers for the same service on the same

part of the integrated electric system for the same period.

(5) The system operator shall immediately notify

the board where it provides transmission service under subsection (2) at an

optimization rate.

Section 72 of the Act is repealed and the

following substituted:

Information to be

posted

72. A

portion of the

schedule referred to in

section 70 and a portion of the rules and

regulations referred to in

section 71 that the board considers necessary for

the information of the public shall be

(

a) printed in plain type and kept in every office

of the public utility where payments are made by consumers or users and open to

the public in the form and place that is readily accessible to the public; and

(

b) posted on the public utility's website.

17. Subsections 75(1) and (2) of the Act are

repealed and the following substituted:

Interim order

(1) The

board may make an interim order unilaterally and without a public hearing or

notice, approving with or without modification

(

a) a

schedule of rates, tolls and charges

submitted by a public utility; or

(

b) the transmission tariff submitted by the

system operator,

decide.

(2) The

schedule of rates, tolls and charges

approved under subsection (1) are the only rates, tolls and charges of the

public utility until a final order is made by the board under

section 70.

(2.1) The transmission tariff approved under

subsection (1) is binding on the system operator, transmission customers and

transmission owners and all contracts entered into by the system operator after

the filing of the transmission tariff shall comply with the transmission tariff

until a final order is made by the board under

section 71.1.

Section 82 of the Act is repealed.

Section 84 of the Act is repealed and the

following substituted:

Power and

procedure of board upon complaint

(1) The

board shall, with or without notice, conduct an investigation where it receives

a complaint from an incorporated municipal body, Municipalities Newfoundland

and Labrador Inc. or from 5 persons stating that

(

a) the rates, tolls, charges or schedules of a

public utility are unreasonable or unjustly discriminatory;

(

b) a regulation, measurement, practice or act

affecting or relating to the operation of a public utility is unreasonable,

insufficient or unjustly discriminatory; or

(

c) the service provided by a public utility is

inadequate or unobtainable.

(2) The board may after a public hearing or

inquiry

(

a) order the rates, tolls, charges or schedules

reduced, modified or altered;

(

b) make other orders as to the reduction,

modification or alteration of the regulation, measurement, practice or acts

that are required; or

(

c) order that the public utility provide

reasonably adequate service and facilities and make extensions of the services

and facilities that may be required.

(3) An order under this

section may

(

b) specify a time period for compliance with the

order.

(4) Where the board conducts an investigation

under subsection (1), it may require a complainant to provide money or other

security to cover the costs of the investigation and the money or security

shall be dealt with as the board directs.

20. The Act is amended by adding immediately after

section 84 the following:

Complaint from

transmission customer, transmission owner or system operator

84.1

(1) The

board shall, with or without notice, conduct an investigation where it receives

a complaint from

(

a) a transmission customer stating that the

transmission tariff, an action of the system operator or the transmission

service or ancillary service on the integrated electric system is

(

i) unjust, unreasonable, discriminatory or preferential,

(ii) inconsistent with open, non-discriminatory and

non-preferential access to, interconnection with and service on the integrated

electric system, or

(iii) inconsistent with a provision of this Act, the

Electrical Power Control Act, 1994 or

the regulations under those Acts;

(

b) a transmission customer or the system operator

stating that a transmission owner has not met the requirements of this Act, the

Electrical Power Control Act, 1994 or

the regulations under those Acts; or

(

c) a transmission owner stating that the system

operator has not met the requirements of this Act, the Electrical Power Control Act, 1994 or the regulations under those

Acts.

(2) The board may, with or without a public

hearing or inquiry, order that

(

a) the transmission tariff, an agreement, a measurement,

a practice or

an act be modified; or

(

b) a service be provided or an action taken.

(3) An order under this

section may

(

b) specify a time period for compliance with the

order.

(4) Where the board conducts an investigation

under subsection (1), it may require a complainant to provide money or other

security to cover the costs of the investigation and the money or security shall

be dealt with as the board directs.

21. Sections 85 and 86 of the Act are repealed and

the following substituted:

Notice to public

utility

85. Before

a hearing is held under

section 84 or 84.1 the board shall notify the public

utility that a complaint has been made against it and after reasonable notice

has been given, the board may set a time and place for a hearing.

Notice of hearing

86 .

(1) The board shall give the complainant and the public utility 10 days notice of

the time and place of the hearing.

(2) A person who receives notice under subsection

(1) shall be entitled to be heard and may apply to the board to enforce the

attendance of witnesses.

22. The Act is amended by adding immediately after

section 86 the following:

Complaint against

system operator

86.1

(1) A

person may make a written complaint to the board regarding the conduct of the

system operator.

(2) Where the board receives a complaint under

subsection (1) it may

(

a) dismiss all or part of the complaint;

(

b) order the system operator to change the

conduct that is the subject of the complaint; or

(

c) order the system operator to refrain from the

conduct that is the subject of the complaint.

(3) The board shall dismiss a complaint where the

board is satisfied that the complaint

(

a) relates to a matter the substance of which is

or was before the board or another body; or

(

b) is frivolous, vexatious, trivial or otherwise

does not warrant an investigation or a hearing.

(4) Where the board dismisses a complaint it shall

provide written reasons for its dismissal.

Investigation by

board

86.2. The

board may, with or without notice, investigate a rate, charge, service or

matter where the board believes that

(

a) a rate or charge is unreasonable or unjustly

discriminatory;

(

b) a reasonable service is not supplied; or

(

c) an investigation of a matter relating to a

public utility should be made.

Investigation by

board re: open access

86.3 The

board may, with or without notice, investigate a matter relating to

(

a) the transmission tariff;

(

b) transmission service or ancillary service; or

(

c) the failure of the system operator, a transmission

customer or a transmission owner to meet the requirements of this Act, the Electrical Power Control Act, 1994 or the

regulations under those Acts.

23. The Act is amended by adding immediately after

section 87 the following:

Powers of board

re: open access

87.1

(1) After

an investigation under

section 86.3 the board may, with or without a public

hearing or inquiry, order that

(

a) the transmission tariff, an agreement, a

measurement, a practice or

an act be modified; or

(

b) a service be provided or an action taken.

(2) An order under this

section may

(

b) specify a time period for compliance with the

order.

24. Sections 88 and 89 of the Act are repealed and

the following substituted:

Hearing

88. Where

after an investigation under

section 86.2 or 86.3 the board is satisfied that

sufficient grounds exist to warrant a hearing, the board shall notify the public

utility or the transmission customer of the matters under investigation and 10

days after the notice has been given the board may set a time and place for a

hearing.

Notice of hearing

89. Notice

of the time and place for the hearing referred to in

section 88 shall be given

to the public utility, the transmission customer and to other persons that the

board considers necessary and proceedings shall be held and conducted in the

same manner as complaints filed with the board are investigated, and the same

order may be made as if the investigation had been made on complaint.

Section 103 of the Act is repealed and the

following substituted:

Contravention of

order of board

(1) A

public utility or transmission customer that contravenes an order of the board

made under this Act is liable on

summary conviction to a fine of not less than

$200 and not more than $5,000.

(2) Where it is proved that a public utility or

transmission customer has contravened an order of the board made under this

Act, the president and every vice-president, director, managing director, and

superintendent of that public utility or transmission customer is liable on

summary conviction to a fine of not less than $200 and not more than $5,000,

unless the person proves that he or she took all necessary and proper means to

carry out the order of the board, and that he or she was not at fault for the contravention

of the order.

(3) Where it is proved that a municipal

corporation has contravened an order of the board made under this Act, the

mayor, or other head of that corporation, and every member of the council, or

other ruling or executive body of the corporation is liable on

summary

conviction to a fine of not less than $200 and not more than $5,000, unless the

person proves that he or she took all necessary and proper means to carry out

the order of the board, and that he or she was not at fault for the contravention

of the order.

(4) Nothing in or done under this

section shall

lessen or affect the liability of a public utility or transmission customer or prevent

or prejudice the enforcement of an order of the board.

26. Sections 105 to 108 of the Act are repealed and

the following substituted:

Penalty for

unjust discrimination

105. Where

a public utility or its agent or officers directly or indirectly charges a

person greater or less compensation for a service rendered by it than that

prescribed in the schedules or tariffs in force as provided in this Act, or

than it charges another person other than one conducting a similar business for

a similar and contemporaneous service, the public utility is guilty of an offence

and liable on

summary conviction to a fine of not less than $250 for each

offence and the agent or officer is liable on

summary conviction to a fine of

not less than $125 for each offence.

Prohibition

against accepting unauthorized compensation

106. A public utility shall not

charge a person less compensation for a service rendered by the public utility in

consideration of the providing by the person of a part of the facilities

incident to the service, but this shall not prohibit a public utility from

renting facilities incident to the production, transmission, delivery or provision

of heat, light, water or power and paying a reasonable rental, or require a

public utility to provide a part of those appliances which are situated in and

upon the premises of a consumer or user, and unless otherwise ordered by the

board, meters and appliances for measurement of a product or service.

Penalty for undue

preference or prejudice

107. Where

a public utility knowingly or wilfully makes or gives an undue or unreasonable

preference or advantage to a person, or subjects a person to an undue or

unreasonable prejudice or disadvantage, the public utility is guilty of an offence

and liable on

summary conviction to a fine of not less than $250 for each

offence.

Penalty for

failure to provide open access

107.1 Where

the system operator or a transmission owner knowingly or wilfully contravenes

section 37.1, it is guilty of an offence and liable on

summary conviction to a

fine of not less than $250 for each offence.

Penalty for

soliciting or receiving rebate

(1) A

person shall not knowingly solicit or receive a rebate, concession or

discrimination in respect of a service in or affecting or relating to a public

utility by which the service is rendered free or at a lesser rate than that

named in the schedules and tariffs in force as provided in this Act, or by

which a service or advantage is received other than as specified in this Act.

(2) A person who contravenes subsection (1) is guilty

of an offence and liable on

summary conviction to a fine of not less than $125

for each offence.

27. The Act is amended by adding immediately after

section 119 the following:

Regulations

120. The

Lieutenant-Governor in Council may make regulations

(

a) prescribing a different kilovolt level for the

purposes of paragraph 2(d);

(

b) exempting structures, equipment or facilities for

the purposes of subparagraph 2(d)(i);

(

c) prescribing structures, equipment and

facilities for the purposes of subparagraph 2(d)(ii);

(

d) exempting the system operator from one or more

sections of this Act; and

(

e) prescribing information which is required to

be submitted to the board for approval of the transmission tariff.

Queen's Printer