upon each of said public utilities its just proportion of such expenses in proportion to its gross earnings for the year next preceding that in which the assessment is made, and the sum so assessed on any public utility may be recovered from it, with costs, by civil action or proceedings at the suit of the chairman of the board in any court of competent jurisdiction. Public Utilities and facilities. 5. Every public utility is required to furnish to furnish adereasonably adequate service and facilities. The charge quate service made by any public utility for any heat, light, water or power produced, transmitted, delivered or furnished or for any telephone message conveyed, or for any service rendered or to be rendered in connection therewith, shall be reasonable and just, and every unjust or unreasonable charge for such service is prohibited and declared unlawful. Utility to an return to the 6. Every public utility shall annually make a Every Public return to the Board in a form and at a time prescribed nually make a by said Board. Such return shall set forth the amount board. of its authorized capital, its capital paid up, its liabilities and assets, its receipts and expenditures for the preceding year, its dividends paid or declared and such other statements showing its financial condition as may be required by the board, and such returns shall be signed and sworn to by the principal officer or person engaged in the management of such public utility at the time of the making of said return. general super 7. The board shall have the general supervision Board to have of all public utilities, and shall make all necessary vision. examinations and enquiries and keep itself informed as to the compliance by the said public utilities with the provisions of law. Utility to file rates, etc. 8. Every public utility shall, on or before such Every Public date as is fixed by the board, file with the board schedules of schedules which shall be open to public inspection, showing all rates, tolls and charges which it has established and which are in force at the time, for any service performed by said public utility within the province, and until such schedules have been filed the rates, tolls and charges shall not exceed those charged at the time of the passing of this Act. be made in filing except Board. No change to 9. No change shall, after the filing of said schedules, rates after be made in any of the rates, tolls or charges, except upon notice to upon thirty days' notice to the board, and all such changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof thirty days prior to the time the same are to take effect; provided, that the board upon application of any public utility may prescribe a less time within which a reduction may be made, or within which additions may be made to such schedules in respect to services for which no rates, tolls or charges are thereby provided. Where, however, application is made by any person, firm or corporation to a public utility for special services not covered by or included in the filed schedule, the public utility, notwithstanding anything herein contained, may make a rate and charge which shall take immediate effect, and the public utility forthwith shall file with the board a schedule of the said rates and charges which are to be the same for all like and contemporaneous services. No Public than prescribed force. 10. No public utility shall charge, demand, collect less for services or receive a greater or less compensation for any in schedules in service performed by it within the province, than is prescribed in such schedules as are at the time in force, or demand, collect or receive any rates, tolls or charges not specified in such schedules. The rates, tolls and charges named in the schedules, so filed as aforesaid, shall be the lawful rates, tolls and charges until the same are altered, reduced or modified as provided in this act. Upon comcomplaint mode of pro powers. 11. Upon a complaint made to the board against made Board's any public utility by any municipal corporation or cedure, and by any five persons, firms or corporations, that any of the rates, tolls, charges or schedules are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act whatsoever affecting or relating to the production, transmission delivery or furnishing of heat, light, water or power, or the conveyance of telephone messages, or any service in connection therewith, is in any respect unreasonable, insufficient or unjustly discriminatory, or that the service is inadequate or unobtainable, the board shall proceed, with or with out notice, to make such investigation as it deems The Penalty where un 12. Every public utility which directly or indirect- Public Utility ly, by any device whatsoever, charges, demands, just discrim collects or receives from any person, firm or corpora- ination. tion, a greater or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power, or the conveyance of telephone messages, or for any service in connection therewith than that prescribed as provided herein, or than it charges, demands, collects or receives from any other person, firm or corporation, for a like and contemporaneous service, is guilty of unjust discrimination, which is hereby prohibited, and is liable to a penalty of not less than fifty dollars and not more than five hundred dollars. Penalty for violating pro section. 13. No person, firm or corporation shall knowingly person, firm or solicit, accept or receive any rebate, concession or corporation discrimination in respect to any service in or affecting visions of this or relating to the production, transmission, delivery or furnishing of heat, light, water or power, or the conveying of telephone messages within the Province, or for any service in connection therewith whereby any such service shall, by any device whatsoever, or otherwise, be rendered free, or at a less rate than that named in the schedules in force as provided Right of Public service herein, or whereby any service or advantage is received other than is hereby specified. Any person, firm or corporation violating the provisions of this section is liable to a penalty of not less than fifty dollars and not more than five hundred dollars for each offence. 14. If any person, firm or corporation supplied not paid for with heat, light, water or power or telephonic communication by any public utility, neglects or refuses to pay the amount due for the same or for the rent of the meter or other articles hired by him, such public utility may discontinue the service and stop the supply. In such cases the officers, servants or workmen of the public utility may, after twenty-four hours' notice, enter the premises of such person, firm or corporation, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, and separate and take away such meter, appliances or other property belonging to the public utility, and disconnect any pipes, wires or fittings or other works, whether its property or not, from the main pipes or wires of the public utility. Notice, how given of application for change in charges. Board may take evidence 15. Notice of the hearing of any application for the approval of or providing for an increase or decrease in the charges taken or collected by any public utility, unless otherwise ordered by the board, shall be given by advertisement in one or more newspapers published in the county, city or town where such change of rates or charges is sought, for a period of not less than twenty days. If no newspaper is published in such county, city or town, said notice shall be published in a newspaper which circulates therein. 16. At any hearing or enquiry the board may under oath and hear evidence upon oath and may compel the attenissue subpoenas dance before it of witnesses by subpoena under the hand and seal of the chairman of the board, and may by subpoena duces tecum compel the production by any witness of any papers, books or documents; and any witness who is served with a subpoena and paid the amount of money allowed to a witness for travel and attendance in the Supreme Court, shall be subject to the same penalties for disobeying such subpoena as he would be liable to had the subpoena been issued out of the Supreme Court. Any member of the board may administer the oath to any witness. direct afperson quiry. 17. The board shall have power to appoint or Board may direct any person to make any enquiry and report upon to make enany matter pending before the board or relevant to any such matter or matters over which the board has jurisdiction. Board may time, make, make rules and 18. The board may, from time to revoke and alter rules and regulations for the effectual regulations. execution of its duties and of the intention and objects of this act, and the regulation of the practice and procedure with regard to the matters over which it has jurisdiction; such rules and regulations, when approved by the Governor-in-Council, shall have the force of law. Public Utility of appeal to 19. Any public utility or any person aggrieved to have right by any decision or order of the board, may appeal Governor-intherefrom to the Governor-in-Council within thirty Council. days from the notice of said decision, and the Governorin-Council shall decide any question of fact upon the evidence taken before the board, and may confirm, modify, vary or reverse such decision or order. corporation or disobeying public Penalty for with orders of Board or Council. 20. Every person, firm corporation utility neglecting or refusing to obey, comply or carry into effect any rule or order of the board Governor-inor of the Governor-in-Council, made under the provisions of this Act, is liable to a penalty of not less than fifty dollars and not more than five hundred dollars. Act not to 21. Nothing in this act shall affect any right affect charter which any public utility has under its charter or act of Public of incorporation. Utility. 22. Chapter twenty-six of the Acts of 1903-04 Acts 1903-4, and Chapter forty of the Acts of 1907, are and each and Chapter 4, of them is hereby repealed. Acts 1907, repealed. |