PART V REGULATION OF ELECTRICITY
Emergency
59 (1) Despite this Act, the Board may issue an interim licence authorizing a person to undertake any of the activities described in section 57 if the Board considers it necessary to do so to ensure the reliable supply of electricity to consumers. 1998, c. 15, Sched. B, s. 59 (1). Failure to meet obligations or reliability standards (1.1) Subsection (2) applies if the Board has determined that, (a)  a distributor has failed or is likely to fail to meet its obligations under section 29 of the Electricity Act, 1998; or (b)  a transmitter has failed or is likely to fail to meet, (i)  a reliability standard as defined in subsection 2 (1) of the Electricity Act, 1998, (ii)  a reliability standard provided for in an order, licence or code issued by the Board, or in the market rules established under section 32 of the Electricity Act, 1998, or (iii)  a standard prescribed by regulation under this Act. 2015, c. 29, s. 10 (1). Powers of Board (2) The Board may, (a)  require the licensee, as a condition of an interim licence, to take possession and control of the business of the transmitter or distributor; (b)  order the transmitter or distributor to surrender possession and control of its business to the person licensed under subsection (1); and (c)  without a hearing, amend or suspend the licence of the transmitter or distributor. 2015, c. 29, s. 10 (2). Conduct under cl. (2) (a) (3) A person who is required under clause (2) (a) to take possession and control of the business of a transmitter or distributor may, subject to the conditions of the interim licence, carry on, manage and conduct the operations of the business in the name of the transmitter or distributor, including, (a)  preserving, maintaining and adding to the property of the business; (b)  receiving the income and revenue of the business; (c)  issuing cheques from, withdrawing money from and otherwise dealing with the accounts of the business; (d)  retaining or dismissing employees, consultants, counsel and other assistance for the business; (e)  directing the employees of the business; and (f)  conducting, settling and commencing litigation relating to the business. 2003, c. 3, s. 42 (2); 2015, c. 29, s. 10 (3). Liability (3.1) A person who is required under clause (2) (a) to take possession and control of the business of a transmitter or distributor is not liable for anything that results from taking possession and control of the business or otherwise exercising or performing the person’s powers and duties under this Act, the interim licence or any order of the Board, unless liability arises from the person’s negligence or wilful misconduct. 2003, c. 3, s. 42 (2); 2015, c. 29, s. 10 (4). Disposal of assets (4) A person described in subsection (3) may dispose of such assets as are ordinarily disposed of in the normal course of carrying on the business of a transmitter or distributor. 1998, c. 15, Sched. B, s. 59 (4); 2015, c. 29, s. 10 (5). No notice (5) The Board may act under this section without notice and without a hearing. 1998, c. 15, Sched. B, s. 59 (5). Review (6) The Board shall, upon the request of a transmitter or distributor against whom an order is made under clause (2) (b), hold a hearing to review the order. 1998, c. 15, Sched. B, s. 59 (6); 2015, c. 29, s. 10 (6). Order not stayed (7) A request for a hearing does not stay the order made under clause (2) (b). 1998, c. 15, Sched. B, s. 59 (7). Action on review (8) After the hearing, the Board may confirm or amend its order and may extend the order. 1998, c. 15, Sched. B, s. 59 (8). Term of licence (9) An order made or licence issued under this section expires six months after it is made or issued unless the Board orders that it be extended. 1998, c. 15, Sched. B, s. 59 (9); 2015, c. 29, s. 10 (7). Retain ownership (10) Despite subsection (2) or (3), and subject to subsection (4) a transmitter or distributor to whom an order is issued under clause (2) (b) retains ownership of any assets of the business that the transmitter or distributor owned before the order was issued, subject to any encumbrances. 1998, c. 15, Sched. B, s. 59 (10); 2015, c. 29, s. 10 (8). No compensation (11) A transmitter or distributor to whom an order is issued under clause (2) (b) is not entitled to any compensation from the Crown, the Board or any person for being required to surrender possession and control of its business. 1998, c. 15, Sched. B, s. 59 (11); 2015, c. 29, s. 10 (9). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 42 (1, 2) - 01/08/2003 2015, c. 29, s. 10 (1-8) - 04/03/2016 Appointment of supervisor