Acts and Regulations

2013, c.7 - Electricity Act

Full text
Appeal from orders or decisions of Corporation
79(1)A person who is subject to an order or decision made by the Corporation under the electricity business rules may appeal the order or decision to the Board if the order or decision is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons.
79(2)A person who is adversely affected by the granting of a waiver by the Corporation under section 75, who objects to any term or condition of the waiver or who, having applied for a waiver, is refused the waiver, whether in whole or in part, may appeal the decision of the Corporation to the Board if the granting of the waiver, the term or condition of the waiver or the refusal to grant the waiver is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons.
79(3)An appeal shall not be commenced under subsection (1) or (2) unless the person appealing has followed the dispute resolution procedures under the electricity business rules or the approved transmission tariff, as the case may be.
79(4)An appeal shall be filed within 21 days after the date of the making of the order or decision.
79(5)An appeal does not stay the operation of an order or decision pending the determination of the appeal unless the Board orders otherwise.
79(6)In determining whether to stay the operation of an order or decision, the Board shall consider
(a) the public interest,
(b) the merits of the appeal,
(c) the possibility of irreparable harm to any person, and
(d) the balance of convenience.
79(7)After considering the appeal, the Board may
(a) dismiss the appeal,
(b) revoke or amend the order or decision appealed from, or
(c) make any other order or decision that the Corporation could have made.
Appeal from orders or decisions of Corporation
79(1)A person who is subject to an order or decision made by the Corporation under the electricity business rules may appeal the order or decision to the Board if the order or decision is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons.
79(2)A person who is adversely affected by the granting of a waiver by the Corporation under section 75, who objects to any term or condition of the waiver or who, having applied for a waiver, is refused the waiver, whether in whole or in part, may appeal the decision of the Corporation to the Board if the granting of the waiver, the term or condition of the waiver or the refusal to grant the waiver is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons.
79(3)An appeal shall not be commenced under subsection (1) or (2) unless the person appealing has followed the dispute resolution procedures under the electricity business rules or the approved transmission tariff, as the case may be.
79(4)An appeal shall be filed within 21 days after the date of the making of the order or decision.
79(5)An appeal does not stay the operation of an order or decision pending the determination of the appeal unless the Board orders otherwise.
79(6)In determining whether to stay the operation of an order or decision, the Board shall consider
(a) the public interest,
(b) the merits of the appeal,
(c) the possibility of irreparable harm to any person, and
(d) the balance of convenience.
79(7)After considering the appeal, the Board may
(a) dismiss the appeal,
(b) revoke or amend the order or decision appealed from, or
(c) make any other order or decision that the Corporation could have made.