Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Gas Utility Act

[RSBC 1996] CHAPTER 170

Contents
1Definitions
Part 1
2Authority and power of gas utilities
3Matters under former Act
4Contractual rights preserved
Part 2
5Definition
6Right to expropriate land
7Power to enter and use land in certain cases
8Offence
9Power to make regulations

Definitions

1  In this Act:

"commission" means the British Columbia Utilities Commission under the Utilities Commission Act;

"gas" includes natural, manufactured and mixed gas and liquefied petroleum gas;

"gas utility" means a person that owns or operates in British Columbia equipment or facilities for the production, generation, storage, transmission, sale, delivery or furnishing of gas for the production of light, heat, cold or power to or for the public or a corporation for compensation, but does not include a company within the meaning of that word as defined in the National Energy Board Act (Canada);

"land" includes

(a) an easement or privilege in, to, on, under, over or in respect of land, and

(b) foreshore and land covered by water;

"owner" means a person who is registered in a land title office as the owner of land or of a charge on land, whether entitled to it in the person's own right or in a representative capacity or otherwise, and, subject to the payment to the government of any unpaid purchase money, includes a purchaser of Crown land and a pre-emptor of Crown land and any person entitled to the minerals or timber in or on or a lease to Crown land;

"registrar" means the registrar under the Land Title Act for the land title district in which the affected land is located.

Part 1

Authority and power of gas utilities

2  (1) A gas utility that on April 14, 1954 was carrying on business as a gas utility in a municipality or rural area is authorized and empowered, subject to the Utilities Commission Act, to carry on its business as a gas utility in the municipality or rural area.

(2) A gas utility to which a certificate of public convenience and necessity is granted after April 14, 1954 under the Utilities Commission Act or the legislation that preceded it is authorized and empowered, subject to the Utilities Commission Act, to carry on its business as a gas utility in the municipality or rural area mentioned in the certificate.

(3) Without limiting subsection (1) or (2), a gas utility authorized under either of those subsections may do one or all of the following:

(a) produce, generate, store, mix, transmit, distribute, deliver, furnish, sell and take delivery of gas;

(b) construct, develop, renew, alter, repair, maintain, operate and use property for any of those purposes;

(c) place, construct, renew, alter, repair, maintain, operate and use its pipes and other equipment and appliances for mixing, transmitting, distributing, delivering, furnishing and taking delivery of gas on, along, across, over or under any public street, lane, square, park, public place, bridge, viaduct, subway or watercourse

(i) in a municipality, on the conditions that the gas utility and the municipality agree to,

(ii) in a rural area that is not treaty lands, on the conditions that the minister charged with the administration of the Transportation Act approves, or

(iii) in treaty lands, as applicable under the final agreement,

(A) on the conditions the treaty first nation and gas utility agree to,

(B) on notice to the treaty first nation, or

(C) if, on receiving notice under clause (B), a work plan is required by the treaty first nation, as set out in a work plan approved by the treaty first nation.

Matters under former Act

3  (1) A certificate, order, approval, rule, regulation, endorsement or decision made or deemed to have been made in respect of a gas utility by the British Columbia Energy Commission under the Energy Act, R.S.B.C. 1979, c. 108, and that was in force on September 11, 1980, continues in force until it expires or is suspended, cancelled, repealed or amended, and is deemed to be made by the British Columbia Utilities Commission under this Act.

(2) A filing, return or report respecting a gas utility, made or deemed to have been made to the Energy Commission under the Energy Act, R.S.B.C. 1979, c. 108, before September 11, 1980, is deemed to have been made to the British Columbia Utilities Commission under this Act.

Contractual rights preserved

4  Nothing in this Act limits, restricts or annuls the rights and privileges of a gas utility under an existing contract between it and a municipality under a bylaw of a municipality or under an Act.

Part 2

Definition

5  In this Part, "utility" means a gas utility authorized under section 2 to carry on its business as a gas utility.

Right to expropriate land

6  A utility may expropriate any land in British Columbia reasonably required for its undertaking, and, in that event, the Expropriation Act applies.

Power to enter and use land in certain cases

7  (1) If, in the opinion of the commission, a delay in starting the construction of any works is not in the public interest or would cause unnecessary inconvenience or expense to the utility, the commission may authorize the utility to enter and use the land for constructing and maintaining the works, once the utility has deposited with the commission security in a form and amount the commission considers adequate to indemnify the owner for damage the owner might sustain by construction of the works.

(2) If the utility exercises its authority to enter and use the land, the utility must, within a reasonable time, expropriate or otherwise acquire the land required, and, in that event, the Expropriation Act applies.

Offence

8  A person who hinders or prevents entry on land or entry on or use of land under section 7 commits an offence.

Power to make regulations

9  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.