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| This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
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 the Province 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 any 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 an easement or privilege in, to, on, under, over or in respect of land, and also includes foreshore and land covered by water;
"owner" means any person who is registered in the land title office as the owner of land or of a charge on land, whether entitled to it in his own right or in a representative capacity or otherwise, and, subject to the payment to the Crown 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 land affected is situated.
Historical Note(s): RS1960-164-2; 1973-29-170; 1978-25-332,333,334; 1980-60-143, proclaimed effective September 11, 1980; 1988-39-51; 1989-83-9.
2. Every gas utility which on April 14, 1954 was carrying on business as a gas utility in a municipality or rural area is, in the municipality or rural area, and every gas utility to which a certificate of public convenience and necessity is after that date granted under the Utilities Commission Act or the legislation that preceded it is in the municipality or rural area mentioned in the certificate, authorized and empowered to carry on, subject to the Utilities Commission Act, its business as a gas utility, and, without limiting the generality of the foregoing, may
(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; and
(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 on the conditions that in a municipality the gas utility and the municipality agree to and in a rural area the Minister of Transportation and Highways approves.
Historical Note(s): RS1960-164-3; 1973-29-171; B.C. Reg 91/79; B.C. Reg. 537/79; 1980-60-144, proclaimed effective September 11, 1980.
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, and that is in force when this section comes into force, 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 before this section comes into force to the Energy Commission under the Energy Act, is deemed to have been made to the British Columbia Utilities Commission under this Act.
Historical Note(s): 1980-60-145, proclaimed effective September 11, 1980.
4. Nothing contained in this Act limits, restricts or abrogates 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.
Historical Note(s): RS1960-164-4.
5. In this Part "utility" means a gas utility authorized under section 2 to carry on its business.
Historical Note(s): RS1960-164-5.
7. (1) A utility may expropriate any land in the Province reasonably required for its undertaking, and, in that event, the Expropriation Act applies.
(2) [Repealed 1987-23-67, effective December 24, 1987 (B.C. Reg. 451/87).]
Historical Note(s): RS1960-164-7; 1987-23-67, effective December 24, 1987 (B.C. Reg. 451/87).
23. (1) Where, in the opinion of the commission, a delay in commencing 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, on the utility depositing with the commission security in a form and amount the commission considers adequate to indemnify the owner for the damage he might sustain by construction of the works.
(2) On exercising the authority, the utility shall, within a reasonable time, expropriate or otherwise acquire the land required, and, in that event, the Expropriation Act applies.
Historical Note(s): RS1960-164-26; 1987-23-68, effective December 24, 1987 (B.C. Reg. 451/87).
26. The Lieutenant Governor in Council may make regulations.
Historical Note(s): RS1960-164-29.
27. It is an offence to hinder or prevent entry on land or entry on or use of land under section 23.
Historical Note(s): RS1960-164-30; 1987-23-69, effective December 24, 1987 (B.C. Reg. 451/87).
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