UTGB Vol 5.pdf - Robson Hall Faculty of Law

242 Underneath the Golden Boy
conservation and efficiency of electricity and natural gas Furthermore, the
fund was to promote "gas system viability and the development of alternatives
to natural gas. " 44 This notion of conservation and efficiency of energy programs
has been coined demand side management C'DSM"). DSM deals with
objectives for controlling the demand of a commodity. 45 However, beyond the
fund's general construction of DSM, it was unclear what initiatives it proposed
or how they were to be carried out.
What was clear was that the fund was legislated to be financed by export
electricity sales. 46 For example, Manitoba Hydro had to pay into the fund a
percentage of electricity export sales from the winter seasons on which the rate
freezes applied. 47 However, according to Ms. Perry there was nothing in the bill
to indicate what value this percentage would be. 48 Ms. Perry said funds
established through legislation are usually constructed in a general way to
provide flexibility in their management.
Aside from the purpose of the fund itself, Manitoba Hydro would also be able to
use the fund to make payments for provisions set out in s. 7 (2) of the bill. 49
Section 2(a) outlines the bill's general purpose as well as its aim of JYOtecting
consumers from rising heat costs. 50 Therefore, while the fund does not include
subsidizing natural gas prices as its specific purpose, Bill 11's original wording
would suggest payments can nonetheless be made out of the fund for this
objective. 5
1
V. DEBATE IN THE HOUSE
Bill 11, The Winter Heating Cost Control Act, was sponsored by then Minister of
Energy, Science and Technology Dave Chomiak, and it was introduced in the
Legislative Assembly for first reading on 16 November 2005. The bill was
politically motivated, according to Ms. Perry and as evidenced by the
background leading up to its introduction. 52
44 Ibid.
4S Supra note 4 at 16.
46
See The Winter Heating Cost Control Act, supra note l at s. 7(3).
47
lbid.
48
Supra note 38.
49
See The Winter Heating Cost Control Act, supra note 1 at s. 7 (4).
50
Ibid. at s. 2(a).
51
Ibid.at s. 7 (4).
52
Supra note 38.