Copyright and Disclaimer Print


RURAL ELECTRIFICATION LONG-TERM FINANCING ACT

RURAL ELECTRIFICATION
LONG‑TERM FINANCING ACT

Chapter R‑20

Table of Contents

                1       Definitions

                2       Application for loan

                3       Terms of loans

                4       Approval of plan

                5       Method of applying for loan

                6       Application for loan

                7       Requirements of note

                8       Lien note

                9       Procedure after approval

              10       Payments

              11       Default

              12       Costs of billing

              13       Arrears

              14       Conversion

              15       Refinancing lien note

              16       Monthly instalments

              17       Payments

              18       Acceleration

              19       Instalment dates


              20       Regulations - patented land in Metis settlements

              21       Notice of lien

              22       Creation of lien

              23       Duration of lien

              24       Cancellation of lien by Court

              25       Enforcement of lien

              26       Procedure in adjudicating claims

              27       Court order to sell

              28       Enforcement of deficiency by writ proceedings

              29       Receiver

              30       Appeal

              31       Refunds

              32       Refund

              33       Advance payment

              34       Regulations

              35       Priorities of construction

              36       Supervision

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

Definitions

1   In this Act,

                                 (a)    “association” means an association under the Rural Utilities  Act that has as a principal object the supplying of electricity to its members;

                                 (b)    “Director” means the Director of Rural Electrification Associations under the Rural Utilities Act;

                                 (c)    “electricity” means electric power, energy or current;

                                 (d)    “member” means a member of an association;

                             (d.1)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                                 (e)    “person” includes a partnership;

                                 (f)    “power company” means the electric power company with which an association or a person has an agreement to supply the association or person with electric power;

                                 (g)    “works” means the poles, lines, conduits and structures for the distribution, transmission, carrying, measuring, supplying or conveying of electric power, energy or current.

RSA 2000 cR‑20 s1;2006 c23 s71

Application for loan

2(1)  Instead of loans under Part 1 of the Rural Electrification Loan Act, an association or a person may apply for and receive a loan under this Act.

(2)  At least every 5th calendar year, if during that period subsection (1) has not been repealed and a Government Bill has not been introduced into the Legislative Assembly that, if passed, would have the effect of repealing that enactment, the Minister responsible for this Act shall ensure that a member of the Executive Council introduces into the Legislative Assembly a motion that would have the effect of facilitating a debate in the Assembly on the question of whether the enactment should be repealed.

RSA 1980 cR‑17 s2;1984 c37 s2;1994 c31 s9;1996 c10 s11

Terms of loans

3(1)  A loan under this Act shall bear interest,

                                 (a)    subject to clause (b)(ii), at the rate of 3 1/2% per year if the loan was approved under section 9(1) before July 1, 1991, and

                                 (b)    at the rate per year as provided for in the regulations

                                           (i)    if the loan was approved under section 9(1) on or after July 1, 1991, or

                                          (ii)    if the land respecting which there is a lien note covering the loan is sold on or after July 1, 1991.

(2)  Notwithstanding subsection (1)(b)(ii), if the land is sold by its owner to that owner’s son or daughter and the loan was approved before July 1, 1991, the interest rate remains payable at the rate of 3 1/2% per year.

(3)  A loan shall be for no longer than 25 years and be repayable in monthly instalments of principal and interest as provided by this Act.

(4)  The period of repayment of a loan shall be a period, subject to subsection (1), agreed on by the association or person applying for the loan and approved by the Director.

(5)  On an equitable adjustment of interest being made and subject to the approval of the Director, a loan made pursuant to this Act may be repaid in full at any time.

RSA 1980 cR‑17 s3;1984 c37 s2;1991 c30 s3;1994 c23 s40

Approval of plan

4(1)  When an association or person desires a loan under this Act, the association or person shall apply to the Director for the Director’s approval of the proposed borrowing.

(2)  Together with its application for approval, the association shall furnish the Director with a statement of the particulars required by section 8 of the Rural Electrification Loan Act.

(3)  Sections 9 and 10 of the Rural Electrification Loan Act apply to an application by an association under this section.

(4)  Together with an application for approval, a person shall furnish the Director with a statement of the particulars required by section 12(1) of the Rural Electrification Loan Act.

(5)  Section 12(2) and (3) of the Rural Electrification Loan Act apply to an application by a person under this Act.

RSA 1980 cR‑17 s4;1984 c37 s2;1994 c31 s9

Method of applying for loan

5(1)  When an association

                                 (a)    has entered into an agreement with a power company whereby the power company has agreed to supply the association and its members, or an extension of the association and its members, with electricity,

                                 (b)    has determined the cost of constructing the works required to supply each member of the association with electricity, and

                                 (c)    has received from each member at least $100 to meet the cost of constructing the works required to supply the member with electricity,

it may, subject to section 7, make an application to the Director for a loan under this Act.

(2)  With its application, the association shall furnish the Director with the information required under section 11(2) of the Rural Electrification Loan Act.

RSA 1980 cR‑17 s5;1994 c31 s9

Application for loan

6(1)  When a person has

                                 (a)    entered into an agreement with a power company whereby the power company has agreed to provide the person with electricity,

                                 (b)    determined the cost of providing the person with electricity, and

                                 (c)    paid not less than $100 to the power company,

the person may apply to the Director for a loan under this Act.

(2)  With the application, the person shall furnish the Director with a statement of the total estimated cost of providing the person with electricity.

1984 c37 s2

Requirements of note

7(1)  Before applying to the Director for a loan, an association shall obtain from those of its members who have not fully paid their share of the cost of constructing the works of the association a lien note, in duplicate, in the prescribed form,

                                 (a)    payable to the order of the association,

                                 (b)    in the amount remaining unpaid by the member to the association,

                                 (c)    bearing interest at the same rate as that payable by the association under section 3(1) and (2),

                                 (d)    setting out, as directed by the Director, the date from which interest is to be computed, the number and amount of the equal monthly instalments, which shall not be less than $5 a month, by which payment of the lien note is to be made, and the date in the month when the monthly instalments are to be paid, and

                                 (e)    describing either

                                           (i)    the land to which the electricity is to be conveyed, or

                                          (ii)    any land in which the maker of the lien note has an interest, whether or not electricity is to be conveyed to that land,

                                          whichever the Director prescribes.

(2)  When land against which the association has a lien pursuant to section 22 is sold, the association shall refuse to supply electricity to the purchaser of the land until the purchaser becomes a member of the association and executes a lien note.

(3)  A lien note may be executed under subsection (2) only if, at the time the land is sold, the payments due under the existing note are not in arrears.

(4)  If the person to whom the electricity is to be conveyed is not the registered owner of the land to which the electricity is to be conveyed, the association may take a lien note made or co‑signed by the registered owner of the land.

(5)  The lien note shall be made and signed in the presence of an officer of the association obtaining it, and shall be certified by that officer.

(6)  A lien note affects only the interest of the member in the surface rights of the land.

(7)  When all money payable under the lien note has been paid, the Director shall cancel the note.

RSA 1980 cR‑17 s6;1991 c30 s4

Lien note

8(1)  The Director shall obtain from a person who applies for a loan a lien note in duplicate in the prescribed form

                                 (a)    payable to the order of the Crown in right of Alberta,

                                 (b)    in the amount of the loan applied for,

                                 (c)    bearing interest at the same rate as that payable by the person under section 3(1) and (2),

                                 (d)    setting out

                                           (i)    the date from which interest is to be computed,

                                          (ii)    the number and amount of the annual or other instalments of principal by which payment of the note is to be made, and

                                         (iii)    the dates on which the instalments of principal and the accrued interest on the unpaid principal are to be paid,

                                     and

                                 (e)    describing either

                                           (i)    the land to which the electricity is to be conveyed, or

                                          (ii)    any land in which the person has an interest, whether or not electricity is to be conveyed to that land,

                                          whichever the Director prescribes.

(2)  When land against which the person has a lien pursuant to section 22 is sold,

                                 (a)    a new lien note may be executed by the purchaser of the land if, at the time the land is sold, the payments due under the existing lien note are not in arrears, and

                                 (b)    the Director may direct the power company to refuse to supply electricity to the purchaser of the land until the purchaser executes the lien note.

(3)  When the person applying for the loan is not the registered owner of the land to which the electricity is to be conveyed, the Director may take a lien note made or co‑signed by the registered owner of the land.

(4)  The lien note affects only the interest of the person signing it in the surface rights of the land.

(5)  When all money payable under the lien note has been paid, the Director shall cancel the note.

1984 c37 s2;1991 c30 s5

Procedure after approval

9(1)  If the requirements of this Act have been complied with by the association or the person, the Director may, in the Director’s discretion, approve the loan.

(2)  If the Director approves the loan, the Director shall enter into an agreement with the association or the person, as the case may be, in respect of the loan and shall by the agreement provide for

                                 (a)    the amount of the loan and the events or times on which advances of the loan are to be made,

                                 (b)    the amounts and periods of repayment,

                                 (c)    if the applicant is an association, the duties of the association and the power company with respect to the collection of instalments from the members of principal and interest, and

                                 (d)    any other matters and things the Director considers advisable.

(3)  When the agreement has been executed, the Director shall so notify the Minister and the President of Treasury Board and Minister of Finance, who shall advance from the General Revenue Fund the amount of the loan to the Director to be advanced to the association or the person in accordance with the terms of the agreement.

(4)  The Minister afterwards has a first charge on all the works of the association that are paid for wholly or in part out of the money loaned to the association.

(5)  If default is made by the association in any of its payments under the agreement with the Director, the Minister is subrogated to the rights of the association in respect of the lien notes of the members held by the association and may enforce payment of the lien notes in the same manner and to the same extent as the association could enforce payment.

RSA 2000 cR‑20 s9;2006 c23 s71;2013 c10 s32

Payments

10(1)  A member on whose behalf the association has borrowed money under this Act shall repay the loan by monthly instalments of principal and interest.

(2)  The instalments shall be paid monthly to the power company as the agent of the association on receipt of a bill for them from the power company.

(3)  In the same manner and at the same time as it submits to the member its bill for operating charges, electricity charges or other monthly charges, the power company shall on behalf of the association render to the member a bill for the instalment of principal and interest due in that month from the member.

(4)  The power company shall on behalf of the association remit to the Director all monthly instalments collected by it from members of the association, and the Director shall pay them to the Minister.

RSA 2000 cR‑20 s10;2006 c23 s71

Default

11(1)  If default is made by a member in the due payment of a monthly instalment in respect of a lien note made by the member pursuant to section 7, all money payable by the member to the association under the lien note becomes due and payable.

(2)  On the default, the power company acting as agent for the association shall discontinue electric service to the member in default unless the Director otherwise directs.

(3)  The association may at any time afterwards take any other action that may be necessary to enforce payment of the balance owing on the lien note of the defaulting member.

RSA 1980 cR‑17 s9

Costs of billing

12   Notwithstanding any contract that it has with the association, the power company may collect a reasonable charge for the additional expense occasioned it by collecting the monthly instalments from the members on behalf of the association.

RSA 1980 cR‑17 s10

Arrears

13   Notwithstanding section 11, if a member who defaulted on payment of a monthly instalment on a lien note later pays the arrears of instalments within a time prescribed by the Director,

                                 (a)    the power company may resume electric service to the member on payment by the member of reconnection fees and other charges required of the member for the reconnection, and

                                 (b)    the association may reinstate the lien note of the member who shall afterwards pay the member’s monthly instalments in accordance with the terms of the member’s lien note.

RSA 1980 cR‑17 s11

Conversion

14(1)  When default is made by a member of an association that financed the construction of its works by

                                 (a)    a loan guaranteed under Part 2 of the Rural Utilities Act, or

                                 (b)    a loan under Part 1 of the Rural Electrification Loan Act,

if the association instructs the power company to discontinue electric service to the defaulting member, the member may request the association to obtain a loan under this Act to pay off the member’s obligation, including principal and interest, under Part 2 of the Rural Utilities Act or Part 1 of the Rural Electrification Loan Act, as the case may be.

(2)  If the money already paid by the defaulting member to the association under the Rural Electrification Loan Act exceeds, at the time of the member’s request under this section, the sum of $100, the member is deemed to have made the member’s required down payment under this Act and shall afterwards pay the regular instalments as required by this Act.

(3)  The money previously paid by a member under the requirements of Part 2 of the Rural Utilities Act shall be taken to be the member’s down payment for the purpose of a loan under this section to the association.

RSA 1980 cR‑17 s12;1985 cR‑21 s53;1994 c31 s9

Refinancing lien note

15(1)  When it appears to the Director that a refinancing of a lien note of a member of an association is not being expedited, the Director may act on behalf of the board of directors of that association for the purpose of expediting the refinancing of that lien note.

(2)  The Director may act under subsection (1) only when

                                 (a)    the member of the association is in default in the repayment of a lien note under the Rural Electrification Loan Act and wishes to refinance the note under this Act,

                                 (b)    the association is in arrears on its repayment of the member’s lien note under the Rural Electrification Loan Act,

                                 (c)    the board of directors has failed to act on the approval of the refinancing within a period of 30 days from the mailing of the refinancing request from the Director, or

                                 (d)    the member requests that the member’s lien note under the Rural Electrification Loan Act be refinanced under this Act.

1985 cR‑21 s53;1994 c31 s9

Monthly instalments

16(1)  When a member of an association that financed the construction of its works by a loan under the Rural Electrification Loan Act wishes to have the payments on the member’s lien note converted to the monthly instalments provided for a member under this Act, the member may apply to the member’s association to do so.

(2)  With the approval of the Director, the association may make all necessary arrangements to have that member’s instalments converted to monthly instalments as provided by this Act, and on the conversion the power company shall render bills to that member and shall collect the instalments from the member as though the financing of the works of the association had been carried out under this Act.

RSA 1980 cR‑17 s13;1994 c31 s9

Payments

17(1)  A person who receives a loan under this Act shall remit the annual or other payments to the Director at the times set out in the agreement referred to in section 9, and the Director shall pay the money to the Minister.

(2)  If default is made by a person in the due payment of instalments of the principal or accrued interest on the unpaid principal in respect of a lien note made by the person, all money payable by that person under the lien note becomes due and payable.

(3)  In the event of a default referred to in subsection (2), the Director shall instruct the power company to discontinue the supply of electric power to the person in default and shall take whatever action is necessary to enforce payment of the lien note.

(4)  The power company shall comply with an instruction given under subsection (3).

(5)  Notwithstanding subsection (2), if a person who is in default of payment of instalments of principal or accrued interest on the unpaid principal in respect of a lien note later pays the arrears of accrued interest on the unpaid principal and of instalments of the principal, the Director in the Director’s discretion may reinstate the lien note and afterwards the person shall pay the instalments of the principal and the accrued interest on the unpaid principal in accordance with the terms of the lien note.

RSA 2000 cR‑20 s17;2006 c23 s71

Acceleration

18   Notwithstanding section 17, if the Director advances money to a person under section 9 and that money is not used to provide that person with electricity in accordance with the agreement referred to in section 9 within one year of the date on which the money was advanced, or any longer period to which the Director consents, all money payable by that person under the lien note becomes due and payable.

1984 c37 s2

Instalment dates

19   After the agreement referred to in section 9 has been executed, the association shall advise the members who have given lien notes to the association that their monthly instalments of principal and interest are to be made to the power company on the due dates of them and on presentation of a bill for them from the power company.

RSA 1980 cR‑17 s14

Regulations - patented land in Metis settlements

20(1)  The Lieutenant Governor in Council may make regulations respecting

                                 (a)    liens and lien notes that affect an interest in patented land as defined in the Metis Settlements Act, and

                                 (b)    the enforcement of those liens and lien notes.

(2)  The provisions of this Act relating to liens and lien notes and their enforcement are subject to the regulations made under this section.

1998 c22 s37

Notice of lien

21(1)  Within 60 days after a loan is approved by the Director, the Director shall file a notice of lien in the prescribed form against the land described in the lien note in the appropriate land titles office.

(2)  Where, as a result of a change in circumstances, it becomes necessary to have a new notice of lien on other land owned by the borrower or in which the borrower has a registered interest, the Director may file the new notice of lien against that other land in the appropriate land titles office and may give notice in the prescribed form withdrawing the original notice of lien.

(3)  The Registrar of Land Titles shall without fee endorse a memorandum in the prescribed form on the title to the land described in the notice of lien referred to in subsection (1) or (2).

(4)  On receiving notice in writing, in the prescribed form, from the Director that a lien note in respect of which a memorandum has been endorsed against the title of any land has been discharged or on receiving the notice referred to in subsection (2), the Registrar of Land Titles shall without fee cancel the memorandum on the title to the land.

(5)  A lien may be postponed at the discretion of the Director in accordance with section 107(1) of the Land Titles Act.

(6)  Notwithstanding that a lien note has been cancelled and notwithstanding any other Act, a lien created pursuant to this Act in respect of land or an interest in land continues to be a lien against that land or interest until the total indebtedness, including interest, in respect of which the lien was registered has been repaid in full.

(7)  Notwithstanding the Limitations Act, a lien created pursuant to this Act remains enforceable until

                                 (a)    the total indebtedness, including interest, owing on the current lien note has been repaid in full, or

                                 (b)    a settlement is concluded between the debtor and the lienholder.

RSA 1980 cR‑17 s15;1984 c37 s2;1991 c30 s7;1999 c32 s11

Creation of lien

22(1)  On a notice of lien being filed in the appropriate land titles office,

                                 (a)    if the agreement referred to in section 9 is with an association, the association has a lien on the land described in the notice of lien or on the interest of the maker of the lien note in the land described in the notice of lien for the total indebtedness, including interest, in respect of which the notice of lien is registered, or

                                 (b)    if the agreement referred to in section 9 is with a person, the Crown in right of Alberta has a lien on the land described in the notice of lien or on the interest of the maker of the lien note in the land described in the notice of lien for the total indebtedness, including interest, in respect of which the notice of lien is registered.

(2)  Where there is a notice of lien registered in the appropriate land titles office, the Registrar of Land Titles shall maintain the registration of the notice of lien in respect of the land until the notice of lien has been cancelled, notwithstanding

                                 (a)    any voluntary or involuntary change in ownership of the land that occurs after the commencement of this subsection,

                                 (b)    that the notice of lien may have been registered after any mortgage or encumbrance giving rise to an involuntary change in ownership,

                                 (c)    that the notice of lien and any such mortgage or encumbrance may have been registered before the commencement of this subsection, and

                                 (d)    section 48 of the Law of Property Act and any other law.

(3)  Subsection (2) does not apply to the extent that a lien is postponed under section 21(4) to a mortgage or encumbrance.

(4)  Land in respect of which notice of lien has been filed is deemed for the purposes of this Act not to be a homestead within the meaning of the Dower Act.

RSA 1980 cR‑17 s16;1984 c37 s2;1991 c30 s8

Duration of lien

23   A lien filed under this Act is not merged, waived, satisfied, prejudiced or destroyed by the pursuit of any proceedings for the recovery of personal judgment unless and until payment in full is received.

RSA 1980 cR‑17 s17

Cancellation of lien by Court

24(1)  The Court of Queen’s Bench may, on application,

                                 (a)    order that the registration of a lien be cancelled on the giving of security for or the payment into court of the amount of the claim and any costs that the Court may fix, or

                                 (b)    order that the registration of a lien be cancelled on any proper ground.

(2)  Money paid into court replaces the land discharged and is subject to the claim for lien to the same extent as if the money had been realized by a sale of the land in an action to enforce the lien.

RSA 2000 cR‑20 s24;2009 c53 s165

Enforcement of lien

25(1)  Proceedings to enforce a lien may be commenced in the Court of Queen’s Bench either by a statement of claim or by application.

(2)  The statement of claim or application shall be served on all persons who by the records of the land titles office appear to have an interest in the land in question and on any other persons the Court may direct.

RSA 2000 cR‑20 s25;2009 c53 s165

Procedure in adjudicating claims

26(1)  The procedure in adjudicating on the claim must be of a summary character, so far as is possible, having regard to the amount of the lien in question and the enforcement of it at the least expense.

(2)  The Court shall decide all questions that are necessary to be tried in order to dispose completely of the action and to adjust the rights and liabilities of the parties concerned.

(3)  If the Crown or an association fails to establish a valid lien, the Crown or the association, as the case may be, may nevertheless recover a personal judgment against a party to the proceedings for any sum that is due to the Crown or the association and that the Crown or the association may recover in an action against that party.

RSA 1980 cR‑17 s20;1984 c37 s2

Court order to sell

27(1)  The Court may in its judgment order that the estate or interest in land that is charged with a lien be sold.

(2)  When a judgment orders a sale, the Court

                                 (a)    may direct that the sale take place at any time after the judgment, allowing a reasonable time for advertising the sale, and

                                 (b)    may make all necessary orders for the completion of the sale and the vesting of the estate or interest in the purchaser.

(3)  The Court may also direct the sale and removal of any works.

RSA 1980 cR‑17 s21

Enforcement of deficiency by writ proceedings

28   If sufficient money to satisfy the judgment and costs is not realized from the sale, the Court shall certify

                                 (a)    the amount of the deficiency,

                                 (b)    the name of the association or person, if any, entitled to recover the deficiency, and

                                 (c)    the persons by the judgment adjudged to pay the deficiency,

and, if the lienholder is an association, the association may or, if the lienholder is the Crown, the Director may enforce payment by writ proceedings under the Civil Enforcement Act.

RSA 1980 cR‑17 s22;1984 c37 s2;1991 c30 s9;1994 cC‑10.5 s167;
1997 c18 s28

Receiver

29(1)  The Court may, on the application of a judgment creditor made at any time before the sale of the property, appoint a receiver to take charge of the property and to rent or operate it on any terms and conditions the receiver thinks fit.

(2)  The proceeds received by a receiver appointed under subsection (1) shall, after deduction of all rates, taxes, insurance or other expense necessary for the maintenance of the property including the costs of management, be applied in any manner that may be directed by the Court.

RSA 1980 cR‑17 s23

Appeal

30(1)  An appeal lies to the Court of Appeal from the decision of the Court of Queen’s Bench hereunder in all matters where the amount of the lien is $200 or more.

(2)  If the amount of the lien is less than $200, the decision of the court of first instance is final.

RSA 1980 cR‑17 s24

Refunds

31(1)  If the estimated cost of constructing the works of the association exceeds the actual cost and the power company constructing the works makes a refund to the association, after making any provision that the association thinks fit for its deposit reserve, the association shall compute the amount of the refund remaining and due each member.

(2)  When a lien note of a member is held by the association, that member’s share of the refund shall be credited as a payment on the total outstanding balance of the amount owing by the member to the association.

(3)  When no lien note is held by the association in respect of a member, the member’s share of the refund shall be paid to the member in cash.

(4)  Any sums credited to members pursuant to subsection (2) shall be remitted to the Director by the association irrespective of the dates for remittance by the association to the Director specified in the agreement referred to in section 9.

RSA 1980 cR‑17 s25

Refund

32   If the estimated cost of providing a person with electricity exceeds the actual cost,

                                 (a)    any refund payable by the power company must be applied in repayment of any loan made to the person under this Act,

                                 (b)    the power company shall pay the refund to the Director as a debt due to the Crown in right of Alberta to the extent that any amount should be applied under clause (a),

                                 (c)    the Director shall credit the payment received from the power company as payment on the total outstanding balance of the amount loaned to the person under this Act, and

                                 (d)    the power company shall pay the balance of the refund, if any, to the person.

1984 c37 s2

Advance payment

33(1)  A member may at any time with the approval of the association or the Director and on an adjustment of interest that is equitable pay a lien note in full in advance of payment of all unpaid instalments of principal.

(2)  A person may at any time with the approval of the Director and on an adjustment of interest that is equitable pay a lien note in full in advance of payment of all unpaid instalments of principal.

(3)  The sums received by the association from any member who pays a lien note in full in advance of all instalments of principal shall be remitted forthwith to the Director irrespective of the dates for remittance specified in the agreement referred to in section 9.

(4)  On receipt of any sums pursuant to subsection (3), the Director and the association shall vary the amounts payable under the agreement in order to compensate for the change in the interest payable annually by the association arising out of the depletion of the principal of the loan occasioned by a member’s payment of a lien note in full.

RSA 1980 cR‑17 s26;1984 c37 s2

Regulations

34   Subject to this Act, the Lieutenant Governor in Council may, by regulations,

                                 (a)    prescribe forms to be used under this Act;

                                 (b)    provide for the assignment, compromise, release or discharge of any security given for a loan;

                                 (c)    prescribe or provide for the setting of the interest rate referred to in section 3(1)(b);

                                 (d)    make provision for any other matters concerning which regulations are considered necessary or advisable to carry out the purpose and intention of this Act.

RSA 1980 cR‑17 s27;1991 c30 s10;1994 c23 s40

Priorities of construction

35   When a power company has entered into an agreement with 2 or more associations that have made applications for and received loans under this Act whereby the power company has agreed to construct, maintain, repair or administer works to supply electricity to the associations and their members, the Alberta Utilities Commission may direct the company to proceed with the construction of the works of the associations in the order that to it seems advisable in the public interest.

RSA 2000 cR‑20 s35;2012 cR‑17.3 s106

Supervision

36   Nothing in this Act shall be construed to restrict any power of the Alberta Utilities Commission to fix rates and otherwise supervise the operation of power companies in Alberta.

RSA 2000 cR‑20 s36;2007 cA‑37.2 s82(27)