BILL 15 – 2008
UTILITIES COMMISSION AMENDMENT ACT, 2008

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended by adding the following definitions:

"demand-side measure" means a rate, measure, action or program undertaken

(a) to conserve energy or promote energy efficiency,

(b) to reduce the energy demand a public utility must serve, or

(c) to shift the use of energy to periods of lower demand;

"government's energy objectives" means the following objectives of the government:

(a) to encourage public utilities to reduce greenhouse gas emissions;

(b) to encourage public utilities to take demand-side measures;

(c) to encourage public utilities to produce, generate and acquire electricity from clean or renewable sources;

(d) to encourage public utilities to develop adequate energy transmission infrastructure and capacity in the time required to serve persons who receive or may receive service from the public utility;

(e) to encourage public utilities to use innovative energy technologies

(i) that facilitate electricity self-sufficiency or the fulfillment of their long-term transmission requirements, or

(ii) that support energy conservation or efficiency or the use of clean or renewable sources of energy;

(f) to encourage public utilities to take prescribed actions in support of any other goals prescribed by regulation;

"transmission corporation" has the same meaning as in the Transmission Corporation Act; .

2 Section 2 (4) is amended by striking out "1 to 3 and 5 to 13" and substituting "1 to 13".

3 Section 3 is repealed and the following substituted:

Commission subject to direction

3  (1) Subject to subsection (3), the Lieutenant Governor in Council, by regulation, may issue a direction to the commission with respect to the exercise of the powers and the performance of the duties of the commission, including, without limitation, a direction requiring the commission to exercise a power or perform a duty, or to refrain from doing either, as specified in the regulation.

(2) The commission must comply with a direction issued under subsection (1), despite

(a) any other provision of

(i) this Act, except subsection (3) of this section, or

(ii) the regulations, or

(b) any previous decision of the commission.

(3) The Lieutenant Governor in Council may not under subsection (1) specifically and expressly

(a) declare an order or decision of the commission to be of no force or effect, or

(b) require the commission to rescind an order or a decision.

4 Section 5 is amended

(a) by adding the following subsection:

(0.1) In this section, "minister" means the minister responsible for the administration of the Hydro and Power Authority Act. ,

(b) in subsection (3) by adding "British Columbia or" after "enactment of", and

(c) by adding the following subsections:

(4) The commission, in accordance with subsection (5), must conduct an inquiry to make determinations with respect to British Columbia's infrastructure and capacity needs for electricity transmission for the period ending 20 years after the day the inquiry begins or, if the terms of reference given under subsection (6) specify a different period, for that period.

(5) An inquiry under subsection (4) must begin

(a) by March 31, 2009, and

(b) at least once every 6 years after the conclusion of the previous inquiry,

unless otherwise ordered by the Lieutenant Governor in Council.

(6) For an inquiry under subsection (4), the minister may specify, by order, terms of reference requiring and empowering the commission to inquire into the matter referred to in that subsection, including terms of reference regarding the manner in which and the time by which the commission must issue its determinations under subsection (4).

(7) The minister may declare, by regulation, that the commission may not, during the period specified in the regulation, reconsider, vary or rescind a determination made under subsection (4).

(8) Despite section 75, if a regulation is made for the purposes of subsection (7) of this section with respect to a determination, the commission is bound by that determination in any hearing or proceeding held during the period specified in the regulation.

(9) The commission may order a public utility to submit an application under section 46, by the time specified in the order, in relation to a determination made under subsection (4).

5 Section 22 is repealed and the following substituted

Exemptions

22  (1) In this section:

"eligible person" means a person, or a class of persons, that

(a) generates, produces, transmits, distributes or sells electricity,

(b) for the purpose of heating or cooling any building, structure or equipment or for any industrial purpose, heats, cools or refrigerates water, air or any heating medium or coolant, using for that purpose equipment powered by a fuel, a geothermal resource or solar energy, or

(c) enters into an energy supply contract, within the meaning of section 68, for the provision of electricity;

"minister" means the minister responsible for the administration of the Hydro and Power Authority Act.

(2) The minister, by regulation, may

(a) exempt from any or all of section 71 and the provisions of this Part

(i) an eligible person, or

(ii) an eligible person in respect of any equipment, facility, plant, project, activity, contract, service or system of the eligible person, and

(b) in respect of an exemption made under paragraph (a), impose any terms and conditions the minister considers to be in the public interest.

(3) The minister, before making a regulation under subsection (2), may refer the matter to the commission for a review.

6 Section 43 (1) is repealed and the following substituted:

(1) A public utility must, for the purposes of this Act,

(a) answer specifically all questions of the commission, and

(b) provide to the commission

(i) the information the commission requires, and

(ii) a report, submitted annually and in the manner the commission requires, regarding the demand-side measures taken by the public utility during the period addressed by the report, and the effectiveness of those measures.

(1.1) The authority, in addition to providing the information and reports referred to in subsection (1), must provide to the commission, in accordance with the regulations, an annual report comparing the electricity rates charged by the authority with electricity rates charged by public utilities in other jurisdictions in North America, including an assessment of whether the authority's electricity rates are competitive with those other rates.

7 The following sections are added:

Long-term resource and conservation planning

44.1  (1) In this section, "demand increase" means the greater of

(a) the difference between

(i) the sum of the estimate referred to in subsection (4) (b) and a prescribed amount, if any, and

(ii) the demand the authority would serve during the period referred to in subsection (4) (b) if the demand in each year of that period remains equal to the demand referred to in subsection (4) (a), and

(b) zero.

(2) Subject to subsection (4), a public utility must file with the commission, in the form and at the times the commission requires, a long-term resource plan including all of the following:

(a) an estimate of the demand for energy the public utility would expect to serve if the public utility does not take new demand-side measures during the period addressed by the plan;

(b) a plan of how the public utility intends to reduce the demand referred to in paragraph (a) by taking cost-effective demand-side measures;

(c) an estimate of the demand for energy that the public utility expects to serve after it has taken cost-effective demand-side measures;

(d) a description of the facilities that the public utility intends to construct or extend in order to serve the estimated demand referred to in paragraph (c);

(e) information regarding the energy purchases from other persons that the public utility intends to make in order to serve the estimated demand referred to in paragraph (c);

(f) an explanation of why the demand for energy to be served by the facilities referred to in paragraph (d) and the purchases referred to in paragraph (e) are not planned to be replaced by demand-side measures;

(g) any other information required by the commission.

(3) The commission may exempt a public utility from the requirement to include in a long-term resource plan filed under subsection (2) any of the information referred to in paragraphs (a) to (f) of that subsection if the commission is satisfied that the information is not applicable with respect to the nature of the service provided by the public utility.

(4) A long-term resource plan filed under subsection (2) by the authority before the end of the 2020 calendar year must include, in addition to everything referred to in subsection (2) (a) to (g), all of the following:

(a) a statement of the demand for electricity the authority served in the year beginning on April 1, 2007, and ending on March 31, 2008;

(b) an estimate of the total demand for electricity the authority would expect to serve in the period beginning on April 1, 2008, and ending on March 31, 2021, if no new demand-side measures are taken during that period;

(c) a statement of the demand-side measures the authority would need to take so that, in combination with demand-side measures taken by the government of British Columbia or of Canada or a local authority, the demand increase would be reduced by 50% by 2020.

(5) The commission may establish a process to review long-term resource plans filed under subsection (2).

(6) After reviewing a long-term resource plan filed under subsection (2), the commission must

(a) accept the plan, if the commission determines that carrying out the plan would be in the public interest, or

(b) reject the plan.

(7) The commission may accept or reject, under subsection (6), a part of a public utility's plan, and, if the commission rejects a part of a plan,

(a) the public utility may resubmit the part within a time specified by the commission, and

(b) the commission may accept or reject, under subsection (6), the part resubmitted under paragraph (a) of this subsection.

(8) In determining under subsection (6) whether to accept a long-term resource plan, the commission must consider

(a) the government's energy objectives,

(b) whether the plan is consistent with the requirements under sections 64.01 and 64.02, if applicable,

(c) whether the plan shows that the public utility intends to pursue adequate, cost-effective demand-side measures, and

(d) the interests of persons in British Columbia who receive or may receive service from the public utility.

(9) In accepting under subsection (6) a long-term resource plan, or part of a plan, the commission may do one or both of the following:

(a) order that a proposed utility plant or system, or extension of either, referred to in the accepted plan or the part is exempt from the operation of section 45 (1);

(b) order that, despite section 75, a matter the commission considers to be adequately addressed in the accepted plan or the part is to be considered as conclusively determined for the purposes of any hearing or proceeding to be conducted by the commission under this Act, other than a hearing or proceeding for the purposes of section 99.

Expenditure schedule

44.2  (1) A public utility may file with the commission an expenditure schedule containing one or more of the following:

(a) a statement of the expenditures on demand-side measures the public utility has made or anticipates making during the period addressed by the schedule;

(b) a statement of capital expenditures the public utility has made or anticipates making during the period addressed by the schedule;

(c) a statement of expenditures the public utility has made or anticipates making during the period addressed by the schedule to acquire energy from other persons.

(2) The commission may not consent under section 61 (2) to an amendment to or a rescission of a schedule filed under section 61 (1) to the extent that the amendment or the rescission is for the purpose of recovering expenditures referred to in subsection (1) (a) of this section, unless

(a) the expenditure is the subject of a schedule filed and accepted under this section, or

(b) the amendment or rescission is for the purpose of setting an interim rate.

(3) After reviewing an expenditure schedule submitted under subsection (1), the commission, subject to subsections (5) and (6), must

(a) accept the schedule, if the commission considers that making the expenditures referred to in the schedule would be in the public interest, or

(b) reject the schedule.

(4) The commission may accept or reject, under subsection (3), a part of a schedule.

(5) In considering whether to accept an expenditure schedule, the commission must consider

(a) the government's energy objectives,

(b) the most recent long-term resource plan filed by the public utility under section 44.1, if any,

(c) whether the schedule is consistent with the requirements under section 64.01 or 64.02, if applicable,

(d) if the schedule includes expenditures on demand-side measures, whether the demand-side measures are cost-effective within the meaning prescribed by regulation, if any, and

(e) the interests of persons in British Columbia who receive or may receive service from the public utility.

(6) If the commission considers that an expenditure in an expenditure schedule was determined to be in the public interest in the course of determining that a long-term resource plan was in the public interest under section 44.1 (6),

(a) subsection (5) of this section does not apply with respect to that expenditure, and

(b) the commission must accept under subsection (3) the expenditure in the expenditure schedule.

8 Section 45 (6.1) and (6.2) is repealed.

9 Section 46 is amended

(a) in subsection (3) by striking out "The commission" and substituting "Subject to subsections (3.1) and (3.2), the commission", and

(b) by adding the following subsections:

(3.1) In deciding whether to issue a certificate under subsection (3), the commission must consider

(a) the government's energy objectives,

(b) the most recent long-term resource plan filed by the public utility under section 44.1, if any, and

(c) whether the application for the certificate is consistent with the requirements imposed on the public utility under sections 64.01 and 64.02, if applicable.

(3.2) Section (3.1) does not apply if the commission considers that the matters addressed in the application for the certificate were determined to be in the public interest in the course of considering a long-term resource plan under section 44.1.

10 Section 58 is amended by adding the following subsections:

(2.1) The commission must set rates for the authority in accordance with

(a) the prescribed requirements, if any, and

(b) the prescribed factors and guidelines, if any.

(2.2) A requirement prescribed for the purposes of subsection (2.1) (a) applies despite

(a) any other provision of

(i) this Act, including, for greater certainty, section 58.1, or

(ii) the regulations, except a regulation under section 3, or

(b) any previous decision of the commission.

(2.3) Subsections (2.1) (a) and (2.2) are repealed on March 31, 2010.

(2.4) Despite subsection (2.3), a requirement prescribed for the purposes of subsection (2.1) (a) that is in effect immediately before March 31, 2010, continues to apply after that date as though subsection (2.2) were still in force, unless the prescribed requirement is amended or repealed after that date.

11 The following section is added:

Rate rebalancing

58.1  (1) In this section, "revenue-cost ratio" means the amount determined by dividing the authority's revenues from a class of customers during a period of time by the authority's costs to serve that class of customers during the same period of time.

(2) This section applies despite

(a) any other provision of

(i) this Act, or

(ii) the regulations, except a regulation under section 3 or 125.1 (4) (f), or

(b) any previous decision of the commission.

(3) The following decision and orders of the commission are of no force or effect to the extent that they require the authority to do anything for the purpose of changing revenue-cost ratios:

(a) 2007 RDA Phase 1 Decision, issued October 26, 2007;

(b) order G-111-07, issued September 7, 2007;

(c) order G-130-07, issued October 26, 2007;

(d) order G-10-08, issued January 21, 2008,

and the rates of the authority that applied immediately before this section comes into force continue to apply and are deemed to be just, reasonable and not unduly discriminatory.

(4) Nothing in subsection (3) prevents the commission from setting rates for the authority, but the commission may not set rates for the authority for the purpose of changing the revenue-cost ratio for a class of customers.

(5) Subsection (4) is repealed on March 31, 2010.

(6) Nothing in subsection (3) prevents the commission from setting rates for the authority, but the commission, after March 31, 2010, may not set rates for the authority such that the revenue-cost ratio, expressed as a percentage, for any class of customers increases by more than 2 percentage points per year compared to the revenue-cost ratio for that class immediately before the increase.

12 Section 61 (2) is amended by adding "rescinded or" after "must not be".

13 The following Part is added:

Part 3.1 — Energy Security and the Environment

Electricity self-sufficiency

64.01  (1) The authority must

(a) by the 2016 calendar year, achieve electricity self-sufficiency according to the prescribed criteria, and

(b) maintain, according to the prescribed criteria, electricity self-sufficiency in each calendar year after achieving it.

(2) A public utility, in planning for

(a) the construction or extension of generation facilities, and

(b) energy purchases,

must consider the government's goal that British Columbia be electricity self-sufficient by the 2016 calendar year and maintain self-sufficiency after that year.

Clean and renewable resources

64.02  (1) To facilitate the achievement of the government's goal that at least 90% of the electricity generated in British Columbia be generated from clean or renewable resources, a person to whom this section applies

(a) must pursue actions to meet the prescribed targets in relation to clean or renewable resources, and

(b) must use the prescribed guidelines in planning for

(i) the construction or extension of generation facilities, and

(ii) energy purchases.

(2) This section applies to

(a) the authority, and

(b) a prescribed public utility, if any, and a public utility in a class of prescribed public utilities, if any.

Standing offer

64.03 (1) In this section, "eligible facility" means a generation facility that

(a) either

(i) has only one generator with a nameplate capacity of 10 megawatts or less or has more than one generator and the total nameplate capacity of all of them is 10 megawatts or less, or

(ii) meets the prescribed requirements, and

(b) either

(i) is a high-efficiency cogeneration facility, or

(ii) generates energy by means of a prescribed technology or from clean or renewable resources,

but does not include a prescribed generation facility or class of generation facilities.

(2) The authority must establish and maintain a standing offer

(a) during the times prescribed by and in accordance with the regulations, if any, and

(b) on the terms and conditions, if any, approved by the commission under subsection (3),

to enter into an energy supply contract for the purchase of electricity from eligible facilities.

(3) Subject to regulations made for the purposes of subsection (2) (a), the commission, by order and on application by the authority, may approve terms and conditions for the purposes of subsection (2) (b) if the commission considers that the terms and conditions are in the public interest.

(4) The commission may not issue an order under section 71 (3) with respect to a contract entered into in accordance with the regulations made for the purposes of subsection (2) (a), and exclusively on the terms and conditions referred to in subsection (2) (b), of this section.

Smart meters

64.04  (1) In this section:

"private dwelling" means

(a) a structure that is occupied as a private residence, or

(b) if only part of a structure is occupied as a private residence, that part of the structure;

"smart meter" means a meter that meets the prescribed requirements, and includes related components, equipment and metering and communication infrastructure that meet the prescribed requirements.

(2) Subject to subsection (3), the authority must install and put into operation smart meters in accordance with and to the extent required by the regulations.

(3) The authority must complete all obligations imposed under subsection (2) by the end of the 2012 calendar year.

(4) If a public utility, other than the authority, makes an application under the Act in relation to advanced meters, the commission, in considering that application, must consider the government's goal of having advanced meters and associated infrastructure in use with respect to customers other than those of the authority.

(5) The authority may, by itself, or by its engineers, surveyors, agents, contractors, subcontractors or employees, enter on any land, other than a private dwelling, without the consent of the owner, for a purpose relating to the use, maintenance, safeguarding, installation, replacement, repair, inspection, calibration or reading of its meters, including smart meters.

14 Section 71 (2) is repealed and the following substituted:

(2) The commission may make an order under subsection (3) if the commission, after a hearing, determines that an energy supply contract to which subsection (1) applies is not in the public interest.

(2.1) In determining under subsection (2) whether an energy supply contract is in the public interest, the commission must consider

(a) the government's energy objectives,

(b) the most recent long-term resource plan filed by the public utility under section 44.1, if any,

(c) whether the energy supply contract is consistent with requirements imposed under section 64.01 or 64.02, if applicable,

(d) the interests of persons in British Columbia who receive or may receive service from the public utility,

(e) the quantity of the energy to be supplied under the contract,

(f) the availability of supplies of the energy referred to in paragraph (e),

(g) the price and availability of any other form of energy that could be used instead of the energy referred to in paragraph (e), and

(h) in the case only of an energy supply contract that is entered into by a public utility, the price of the energy referred to in paragraph (e).

(2.2) Subsection (2.1) (a) to (c) does not apply if the commission considers that the matters addressed in the energy supply contract filed under subsection (1) were determined to be in the public interest in the course of considering a long-term resource plan under section 44.1.

(2.3) A public utility may submit to the commission a proposed energy supply contract setting out the terms and conditions of the contract and a process the public utility intends to use to acquire power from other persons in accordance with those terms and conditions.

(2.4) If satisfied that it is in the public interest to do so, the commission, by order, may approve a proposed contract submitted under subsection (2.3) and a process referred to in that subsection.

(2.5) In considering the public interest under subsection (2.4), the commission must consider

(a) the government's energy objectives,

(b) the most recent long-term resource plan filed by the public utility under section 44.1,

(c) whether the application for the proposed contract is consistent with the requirements imposed on the public utility under sections 64.01 and 64.02, if applicable, and

(d) the interests of persons in British Columbia who receive or may receive service from the public utility.

(2.6) If the commission issues an order under subsection (2.4), the commission may not issue an order under subsection (3) with respect to a contract

(a) entered into exclusively on the terms and conditions, and

(b) as a result of the process

referred to in subsection (2.3).

15 Section 88 (4) is amended by striking out "a matter that is subject" and substituting "a person, or a person in respect of a matter, who has been exempted under".

16 Section 108 (b) is amended by adding "responsible for the administration of the Hydro and Power Authority Act" after "minister".

17 The following sections are added:

Minister's regulations

125.1  (1) In this section, "minister" means the minister responsible for the administration of the Hydro and Power Authority Act.

(2) The minister may make regulations respecting the government's energy objectives, as defined in section 1, including, without limitation, regulations as follows:

(a) defining a word or phrase used in the definition;

(b) prescribing actions and goals for the purposes of paragraph (f) of the definition;

(c) establishing factors or guidelines the commission must use in considering the government's energy objectives, including guidelines regarding the relative priority of the objectives referred to in paragraphs (a) to (f) of the definition.

(3) A regulation under subsection (2) may be made with respect to the government's energy objectives generally or with respect to their application in any particular case.

(4) The minister may make regulations as follows:

(a) making declarations for the purposes of section 5 (7);

(b) respecting exemptions under section 22;

(c) respecting reports to be provided to the commission by the authority under section 43 (1.1), including, without limitation, respecting the jurisdictions with which comparisons are to be made, the rate classes to be considered, the factors to be used in making the comparisons and conducting the assessments, and the meaning to be given to the word "competitive";

(d) prescribing, for the purposes of paragraph (a) (i) of the definition of "demand increase" in section 44.1 (1), an amount representing an increase in resource requirements of the authority not related to an estimated increased demand referred to in section 44.1 (4) (b);

(e) for the purposes of section 44.1 and 44.2,

(i) prescribing rules for determining whether a demand-side measure, or a class of demand-side measures, is adequate, cost-effective or both,

(ii) declaring a demand-side measure, or a class of demand-side measures, to be cost effective and necessary for adequacy,

(iii) prescribing rules or factors a public utility must use in making the estimate referred to in section 44.1 (2) (a), and

(iv) prescribing rules or factors the authority must use in making the estimate referred to in section 44.1 (4) (b);

(f) prescribing requirements for the purposes of section 58 (2.1) (a);

(g) prescribing factors and guidelines for the purposes of section 58 (2.1) (b), including, without limitation, factors and guidelines to encourage

(i) energy conservation or efficiency,

(ii) the use of energy during periods of lower demand,

(iii) the development and use of energy from clean or renewable resources, or

(iv) the reduction of the energy demand a public utility must serve;

(h) defining a term or phrase used in section 58.1 and not defined in this Act;

(i) identifying facts that must be used in interpreting the definition in section 58.1;

(j) defining a term or phrase used in Part 3.1 and not defined in that Part;

(k) prescribing criteria respecting self-sufficiency for the purposes of section 64.01 (1) (a) and (b);

(l) prescribing targets for the purposes of section 64.02 (1) (a), guidelines for the purposes of section 64.02 (1) (b) and public utilities and classes of public utilities for the purposes of section 64.02 (2) (b);

(m) for the purposes of section 64.03, respecting eligible facilities, including prescribing generation facilities and classes of generation facilities, and respecting the standing offer to be established and maintained under that section;

(n) for the purposes of section 64.04, respecting smart meters and their installation, including, without limitation,

(i) the types of smart meters to be installed, including the features or functions each meter must have or be able to perform, and

(ii) the classes of users for whom smart meters must be installed, and requiring the authority to install different types of smart meters for different classes of users;

(o) prescribing standard-making bodies for the purposes of section 125.2 (1) and matters for the purposes of section 125.2 (3) (d);

(p) prescribing owners, operators, direct users, generators and distributors, or classes of any of them, for the purposes of section 125.2 (8).

(5) In making a regulation under this section, the minister may

(a) make regulations of specific or general application, and

(b) make different regulations for different persons, places, things, measures, transactions or activities.

Adoption of reliability standards, rules or codes

125.2  (1) In this section:

"reliability standard" means a reliability standard, rule or code established by a standard-making body for the purpose of being a mandatory reliability standard for planning and operating the North American bulk power system, and includes any substantial change to any of those standards, rules or codes;

"standard-making body" means

(a) the North American Electric Reliability Corporation,

(b) the Western Electricity Coordinating Council, and

(c) a prescribed standard-making body.

(2) For greater certainty, the commission has exclusive jurisdiction to determine whether a reliability standard is in the public interest and should be adopted in British Columbia.

(3) The transmission corporation must review each reliability standard and provide to the commission, in accordance with the regulations, a report assessing

(a) any adverse impact of the reliability standard on the reliability of electricity transmission in British Columbia if the reliability standard were adopted under subsection (6),

(b) the suitability of the reliability standard for British Columbia,

(c) the potential cost of the reliability standard if it were adopted under subsection (6), and

(d) any other matter prescribed by regulation or identified by order of the commission for the purposes of this section.

(4) The commission may make an order for the purposes of subsection (3) (d).

(5) If the commission receives a report under subsection (3), the commission must

(a) make the report available to the public in a reasonable manner, which may include by electronic means, and for a reasonable period of time, and

(b) consider any comments the commission receives in reply to the publication referred to in paragraph (a).

(6) After complying with subsection (5), the commission, subject to subsection (7), must adopt the reliability standards addressed in the report if the commission considers that the reliability standards are required to maintain or achieve consistency in British Columbia with other jurisdictions that have adopted the reliability standards.

(7) The commission is not required to adopt a reliability standard under subsection (6) if the commission determines, after a hearing, that the reliability standard is not in the public interest.

(8) A reliability standard adopted under subsection (6) applies to every

(a) prescribed owner, operator and direct user of the bulk power system, and

(b) prescribed generator and distributor of electricity.

(9) Subsection (8) applies to a person prescribed for the purposes of that subsection despite any exemption issued to the person under section 22 or 88 (3).

(10) The commission may make orders providing for the administration of adopted reliability standards.

(11) The commission, on its own motion or on complaint, may

(a) rescind an adoption made under subsection (6), or

(b) adopt a reliability standard previously rejected under subsection (7)

if the commission determines, after a hearing, that the rescission or adoption is in the public interest.

(12) The commission, without the approval of the minister responsible for the administration of the Hydro and Power Authority Act, may not set a standard or rule under section 26 of this Act with respect to a matter addressed by a reliability standard assessed in a report submitted to the commission under subsection (3) of this section.

Consequential Amendments and Transition

Insurance Corporation Act

18 Section 44 of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended by striking out "other than sections  22, 23 (1) (a) to (d) and (2), 25 to 38, 40, 41, 45 to 57, 59 (2) and (3), 60 (1) (b) (ii) and (2) to (4), 97, 98, 106 (1) (k), 107 to 109 and 114 and Parts 4 and 5 of that Act," and substituting "other than sections 3, 5 (4) to (9), 22, 23 (1) (a) to (d) and (2), 25 to 38, 40, 41, 43 (1) (b) (ii), 44.1, 44.2, 45 to 57, 59 (2) and (3), 60 (1) (b) (ii) and (2) to (4), Part 3.1, 97, 98, 106 (1) (k), 107 to 109 and 114, Parts 4 and 5 and sections 125.1 and 125.2 of that Act,".

Water Utility Act

19 Section 4 (b) of the Water Utility Act, R.S.B.C. 1996, c. 485, is amended by striking out "other than sections 28, 29 and 45 (2), (3), (5) and (6)," and substituting "other than sections 28, 29, 44.1, 44.2, 45 (2), (3), (5) and (6), 58 (2.1) and (2.2) and 58.1, Part 3.1 and sections 125.1 and 125.2,".

Transition

20  (1) For greater certainty, a regulation made under section 3 of the Utilities Commission Act, as that section read immediately before the date section 3 of this Act comes into force, if that regulation was in effect immediately before that date, remains in effect and is deemed to be a regulation under section 3 of the Utilities Commission Act as that section reads immediately after section 3 of this Act comes into force.

(2) An exemption under section 22 of the Utilities Commission Act, as that section read immediately before the date section 5 of this Act comes into force, if that exemption was in effect immediately before that date, remains in effect and is deemed to be an exemption under section 22 of the Utilities Commission Act as that section reads immediately after section 5 of this Act comes into force.

Commencement

21  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: