Public Utilities Commission Act (Cap. 43:01)

2. Interpretation. PART I ESTABLISHMENT OF COMMISSION, ESTABLISHMEN FUNCTIONS AND POWERS 3.

3. Establishment of Public Utility Commission. Establishment 4.

4. Functions of Commission. 5.

5. Power to hold inquiry. 6.

6. Power to require measures to be taken. 7.

7. Power to require returns. PART PARTII RATES AND RATE-MAKING, AND AND REVIEWS OF RATES 8.

8. Power to fix rates.

9. Rates to be just just and reasonable. to.

10. Tariffs filing and inspection. 11.

11. Adherence to tariffs. 12.

12. Discrimination to rates. 13.

13. Applications by public utility to to fix new new rates. rates. 14.

14. Establishment Establishment of of Commission Commission as a tribunal. tribunal. 15.

15. Hearing Hearing ofof matter matter by Commission. 16.

16. Stay Stay of of proceeding proceeding pending pending appeal. 17.

17. Appearance. Appearance. 18.

18. Powers Powers ofof Commission Commission whenwhen sitting sitting as as aa tribunal. tribunal. 19.

19. Awards. Awards. 20.

20. Review Review byby Commission Commission of of its its own own decisions. decisions. 21.

21. Rates Rates fixed fixed on on complaint. complaint. 22.

22. Temporary Temporary rates. rates. 23.

23. Burden Burden ofof proof proof on on rate rate inquiry. inquiry. L.R.0.1I1991 LAWS OF DOMINICA 4 Chap. 43:01 Public Utility Commission SECTION PART III SERVICE AND FACILITIES

24. Duty to provide adequate service. 24.

25. Proper service established on complaint. 25.

26. Restriction or ceasing operations of service.

27. Power to prescribe conditions to service to be contained in 27. agreement. PART PARTIV OFFENCESANDPENALTffiS AND PENALTIES 28.

28. Disobedience of order of Commission.

29. Obstruction of officer of Commission in charge of duties. PART PARTYV INQUIRffiS AND ADVICE RESEARCH INQUIRIES

30. Research.

31. Advisory functions of the Commission.

32. Duties of public utilities to furnish reports, information, etc.

33. Inspection of books, accounts, etc.

34. Failure of public utility to furnish information.

35. Making false returns and obstruction. PART VI MISCELLANEOUS PROVISIONS

36. Appraisal of powers of Commission.

37. Annual report.

38. Evidence of documents.

39. Costs in discretion of of Commission.

40. Fees.

41. Regulations.

42. Application of of Act. SCHEDULE. LAWS OF DOMINICA Public Utility Commission Chap.43:01 5 CHAPTER 43:01 PUBLIC UTILITY COMMISSION ACT AN ACT to provide provide for the establishment establishment of a Commission Commission for the the 28 of of 11972. in2. regulation and control regulation control of public utilities and for matters public utilities matters con- therewith. nected therewith. [26th October 1972]* Commence- Commence- ment•. ment"'.

1. This This Act Act may may be cited cited as the - Short title. Short title. [11 of of1989]. 1989]. PUBLIC UTILITY PUBLIC UTILITY COMMISSION COMMISSION ACT. ACT.

2. In this Act - Interpretation. "Chairman" means "Chairman" means the the Chairman Chairman of of the Commission; Commission; "Commission" means "Commission" means the Public Public Utility Utility Commission Commission established established under under section 3; section "enabling law" "enabling law" in relation relation to a public public utility utility means means any enactment enactment oror regulations or instrument regulations instrument in writing writing under under which which it is author- author- operate a utility ised to operate ised utility undertaking; undertaking; "functions" includes "functions" includes duties duties and ~d powers; powers; "Minister" means "Minister" means the Minister Minister responsible responsible for for Communications Communications and and Works; Works; "public utility" "public utility" means means a statutory statutory authority authority or or any body body or corporation corporation performing seIVices performing services to the public public for which which any compensation compensation or payment or payment whatsoever whatsoever is required; required; but but does does not not include include any public utility public utility excluded excluded from this this Act Act under under section section 42; "rate" includes "rate" includes every every rate, rate, fare, fare, toll, toll, charge, charge, rental or other rental or other compensa- compensa- tion whatsoever tion whatsoeverof any public of any public utility, utility, and every every rule, regulation, regulation, practice, measurement, practice, measurement, classification contract of classification or contract of the public public utility relating utility relating thereto; thereto; "services"includes "seIVices" the accommodation includes the accommodation afforded afforded consumers public consumers by a public utility, the utility, the supplying supplying or furnishing furnishing of of any any commodity commodity derived derived directly from the purposes directly which a public purposes in which public utility utility is engaged engaged and the use and use and accommodation accommodation afforded afforded the the public public by the the facilities employed facilities employed by or or in connection connection with with any any such such seIVice service *See Act No. 11 of1989. of1989. L.R.0.111991 LAWS OF DOMINICA 6 Chap. 43:01 Public Utility Commission performed by perfonned does not but does utility; but public utility; by aa public any other include any not include other by-product or commodity, by-product commodity, or article produced or article produced by manufactured by or manufactured aapublic utility that is offered for sale to the public at wholesale public utility that is offered for sale to the public at wholesale retail prices; or retail or prices; means services services" means ''utility services" ''utility utility. public utility. rendered by aa public services rendered PART!I PART ESTABLISHM COMMISSION, ENT OF COMMISSION, ESTABLISHMENT FUNCTIONS FUNCTIONS AND POWERS POWERS Establi shrnent Establi shrnent of of 3. There is (1) There

3. (1) Act aa this Act of this purposes of established for the purposes hereby established is hereby Public Utility Public Utility Commission. body to body to be be called called the Public Public Utility Utility Commission. Commission. Commission. First Schedule. First Schedule. (2) The (2) to effect as to have effect shall have Schedule shall

First Schedule provisions of the First The provisions the constitution the thereto. relation thereto. in relation otherwise in Commission and otherwise constitution of the Commission Functions of Functions of 4. ((I) 4. rendered by services rendered the services that the ensure that shall ensure Commission shall 1) The Commission by Commission. Commission. aa public imposed in charges imposed that any charges satisfactory and that utility are satisfactory public utility respect in respect of those of those services services are reasonable, reasonable, and for this purpose the this purpose Commission the Commission shall have power shall power - (a) to enquire enquire generally nature and the nature into the generally into utility ofutility extent of and extent services and services and to detennine determine in accordance with in accordance Act this Act with this the the standards standards which which must must be maintained in be maintained relation to in relation to those services; those services; (b) to detennine determine inin accordance which rateswhich therates Actthe this Act with this accordance with may may be charged charged in in respect respect of services; utility services; of utility c) to (c) to require require a public public utility utility to to prepare effect into effect putinto and put prepare and such such programmes programmes of of development development in any to any relation to in relation undertaking it operates undertaking it operates as as may may be be required required under under its its enabling enabling laws. laws. (2) (2) The The Commission Commission maymay with withthethe prior priorapproval approvalof ofthe theMinis- Minis- ter by Order published ter by Order published in in the the Gazette Gazette - - (a) prescribe (a) prescribe the the standards standards of ofutility utility services; services; (b) prescribe (b) prescribe the the unit unit of of measurement measurement and and the the type type of of measuring measuring device device to to be be used used by by aa public public utility utility inin relation relation to to its its utility utility services; services; (c) prescribe (c) prescribe standards standards for for the the measurement measurement ofofquantity, quantity, quality, quality, pressure, pressure, initial initial voltage voltage or or other other conditions conditions relating to utility services; relating to utility services; LAWS OF DOMINICA Public Utility Commission Chap. 43:01 7 utility testing of any utility inspection and testing provide for the inspection ((d) provide used device used measuring device equipment or measuring services or of any equipment services therewith; connection therewith; in connection quality and accuracy standards of quality minimum standards prescribe minimum (e) prescribe accuracy commodity used or any commodity equipment used relation to any equipment in relation utility; public utility; supplied by a public supplied if) make (f) Commission considers provisions as the Commission make such provisions considers public. safety of the public. ensure the safety necessary to ensure necessary subsection under subsection Order under make an Order Commission shall not make (3) The Commission utility public utility with any public agreement with after agreement except after (2)(a), (b), (c) and (e) except (2)(a), concerned or, failing concerned inquiry. public inquiry. after a public agreement, after such agreement, failing such s. (1) The 5. Commission may The Commission corn- Power upon com- or upon motion or own motion upon its own may upon hold Power to hold plaint plaint by any person hold cause public inquiry person hold or cause a public inquiry to be held held into into the the inquiry. inquiry. operations of operations utility. public utility. operated by a public undertaking operated utility undertaking of any utility (2) An inquiry inquiry before the opened to the shall be opened Commission shall before the Commission public, and minutes public, minutes thereof, summary of including a summary thereof, including given evidence given of the evidence and a statement statement of of all the facts facts taken taken into by kept by shall be kept consideration shall into consideration the Chairman Chairman and on application payment of upon payment shall upon thereof shall copies thereof application copies of the prescribed prescribed fee be furnished furnished to all interested parties. interested parties. 6. (1) Where Where it appears appears that that a public public utility its Power fulfilling its not fulfilling utility is not Power to require to require obligations under obligations under its enabling law the Commission enabling law the Commission may, may, with with the the ;:::res to takmeasures en. be o be approval of approval of the Minister, Minister, and and after after a public with accordance with inquiry in accordance public inquiry this Act, by Order, Order, require require the in specified in time specified within the time utility within public utility the public the Order Order to take take such such remedial measures as may remedial measures specified. may be so specified. (2) Any Any public public utility utility which which fails fails to comply comply with require- the require- with the ments ments ofof an Order Order by the Commission under this section Commission under this section is is liable liable on on summary conviction summary conviction to a fine in accordance accordance with the if the and, if section 28 and, with section failure in respect failure respect of of which which itit was was so convicted convicted continues the after the continues after conviction conviction it is liable on further liable on further summary summary conviction conviction to a fine fine of of three three hundred hundred dollars dollars forfor each each day day onon which which the the failure continues; and failure so continues; the and the Court by which Court which any any public public utility utility is convicted convicted of offence may of an offence may fix a period it considers period considers a reasonable reasonable period period from from the the date date ofof conviction conviction for for compliance compliance by by the the public public utility utility with with the requirements requirements of of the the Order; Order; and and where where a Court Court has has fixed fixed such such a period period the the daily daily penalty penalty shall not be shall not be recoverable recoverable in in respect respect ofof any any day day before before thethe expiration thereof. expiration thereof. L.R.0.111991 LAWS OF DOMINICA 8 Chap. 43:01 Public Utility Commission Power Power to 10 require require (1) The 7. (1) 7. furnish utility to furnish public utility require any public Commission may require The Commission returns. returns. such infonnation or such infonnation submit or submit such returns at such intervals intervals as the Com- Com- mission may mission operations. relation to its operations. require in relation may require subsection (1) is comply with subsection utility which fails to comply public utility (2) A public (2) liable on liable seven hundred and fifty dollars conviction to a fine of seven summary conviction on summary hundred dollars seventy-five further fine of seventy-five offence to a further continuing offence the case of a continuing in the and in and dollars for dollars continues. offence continues. which the offence each day on which for each PART II PART AND TE-MAKING, AND TES AND RATE-MAKING, RATES TES REVIEWS OF RATES REVIEWS to fix Power to Power fix 8. The Commission motion or own motion of its own either of Commission may, either appli- upon appli- or upon rates. rates. the prescribe the Order, prescribe person, by Order, utility or by any person, public utility made by a public cation made cation public utility charged by a public rates to be charged services. utility services. of its utility respect of utility in respect Rates to Rates be just 10 be just utility public utility by any public received by demanded or received made, demanded Every rate made, 9. Every and reasonable. and reasonable. shall be fair and reasonable Regulations as such Regulations with such confonnity with reasonable and in confonnity the Commission Commission may prescribe. time prescribe. time to time may from time Tariffs filing Tariffs filing and and 10. (1) Every Every public within Commission within the Commission with the shall file with utility shall public utility inspection. inspection. sixty days of sixty days of the coming coming into into operation operation of of this this Act, Act, and and in in such such fonn fonn as the Commission Commission may may prescribe, prescribe, tariffs tariffs showing by established by rates established showing all rates it and shall shall keep keep copies copies of of such opened to tariffs opened such tariffs inspection. public inspection. to public (2) The The rates rates specified specified inin such such tariffs tariffs shall authorised the authorised be the shall be rates of rates of such such public public utility utility until until changed changed as provided Act. this Act. in this provided in Adherence 10 Adherence to 11. Any Any public public utility utility which which directly directly or or indirectly demands or indirectly demands or tariffs. tariffs. receives greater or less rate for any service rendered than that specified receives a greater or less rate for any service rendered than that specified in the tariffs tariffs of of such such public public utility utility applicable applicable thereto thereto and and filed in the filed in the manner prescribed manner prescribed inin this this Act, Act, is liable liable on on summary summary conviction conviction to fine to aa fine of three of three thousand thousand dollars. dollars. Discrimination 10 Discrimination to 12. Any Any public public utility utility which which supplies supplies oror furnishes furnishes any any person any any person rates. rates. service service at rates rates which which are are unduly unduly preferential preferential or or discriminatory discriminatory isis liable liable on on summary summary conviction conviction toto a fine fine of of three three thousand thousand dollars. dollars. Applications Applications byby 13. (1) (1) Unless Unless the the Commission Commission otherwise otherwise orders, orders, any any public publicutility utility public public utility utility 10 to fix which which makes any change in any existing and duly established rate, makes any change in any existing and duly established rate, fix new new rates. rates. except except after after sixty sixty days days notice notice to to the the Commission, Commission, which which notice notice shall shall LAWS OF DOMINICA Public Utility Commission Chap. 43:01 9 state the state proposed to be made in the rates then in force and the changes proposed the changes when the time when time summary liable on summary effect, is liable changed rates are to take effect, the changed conviction to conviction dollars. thousand dollars. of three thousand fine of to aa fine Commission by any public Whenever there is filed with the Commission (2) Whenever (2) public utility any utility Commission may, stating a new rate, the Commission tariff stating any tariff upon either uPon may, either determine hearing to detennine upon a hearing enter upon motion, enter upon its own motion, complaint or upon complaint hearing and the pending the hearing reasonable and pending whether the rate is fair and reasonable whether Commission upon thereon the Commission decision thereon decision delivering upon delivering to the public utility public utility may at any therefor may reasons therefor writing of reasons statement in writing thereby a statement affected thereby affected time for a rate for of the rate operation of suspend the operation effective suspend becomes effective before it becomes time before would time the rate would months from the time longer than six months period not longer period become effective. otherwise become otherwise effective. under suspended under operation of a new rate is suspended Where the operation (3) Where subsection subsection (2), the rate in force when when the tariff tariff stating stating the new rate was was filed shall continue period of during the period continue in force during the unless the suspension, unless of suspension, section 22. authorised in section temporary rate as authorised established a temporary Commission established Commission purposes of For the purposes 14. (1) For hereby E 5stabli~~ent Commission is hereby Part, the Commission of this Part, 1abli~~ent ofof . esta bli s hed a pu bli c uti . ·1· . lties tn utI lties "b ·b al tn un w c s hi h hall hall h d . Comm1ss1on Commission exercise tribunal. ave an exerCIse tribunal. as as aa jurisdiction jurisdiction - rates to rates relating to complaints relating determine complaints and detennine hear and (a) to hear utility; public utility; of a public service of payable for any service payable (b) to hear an for an utility for public utility by a public claims by determine claims hear and detennine service; its service; of its any of for any payable for rates payable of the rates increase of increase c) to hear (c) hear and detennine determine objections the with the agreements with objections to agreements utility; utility; (d) to hear hear and and detennine determine disputes disputes between utilities public utilities between public as to any any matter matter concerning concerning the the rates rates payable payable or be to be or to payable payable forfor services services provided provided by by any any of public these public of these utilities; utilities; e) of (e) of its its own own motion motion or or at at the the instance instance of of the the Minister, to Minister, to review review and and detennine determine the the rate rate payable payable for for any any services services of a public utility whether of public utility whether on on the the registration registration of of any any agreement therefor or otherwise. agreement therefor or otherwise. (2) (2) The The tribunal tribunal under under subsection subsection (1) (1) shall shall comprise comprise ofof the the Chainnan Chairman and and two two other other Commissioners Commissioners nominated nominated for for the the purpose purpose byby the the Chainnan. Chairman. L.R.0.111991 LAWS OF DOMINICA 10 Chap. 43:01 Public Utility Commission (3) proceedings withdraws from any proceedings Commissioner withdraws Where aa Commissioner (3) Where before the matter before on aa matter on illness or interest, illness account of interest, Commission on account the Commission otherwise, the otherwise, transaction disqualified for the transaction Commission shall not be disqualified the Commission of business by of business members, save that among its members, vacancy among reason of such vacancy by reason that in of an case of the case the vote. casting vote. have a casting shall have Chairman shall votes the Chairman equality of votes an equality Hearing of Hearing of 15. 15. (1) into inquire into hear and inquire expeditiously hear Commission shall expeditiously (1) The Commission matter by matter by Commission. Commission. and hear, shall hear, particular shall before it, and in particular which is before matter which investigate any matter and investigate evidence made, arguments and evidence statements, arguments consider statements, receive and consider receive pre- made, pre- sented or sented tendered - or tendered complainant; behalf of any complainant; (a) by or on behalf concerned; utility concerned; public utility behalf of the public (b) by or on behalf Minister. behalf of the Minister. (c) on behalf rea- are rea- that are periods that determine the periods shall determine Commission shall (2) The Commission by matter by the matter ofthe presentation of adequate presentation necessary for the fair and adequate sonably necessary sonably the respective respective parties Commission may thereto and the Commission parties thereto those require those may require matters to be presented matters determined. periods so determined. respective periods within the respective presented within arguments to be or arguments evidence or require evidence may require Commission may (3) The Commission be presented in writing presented writing and may may decide hear will hear which itit will upon which matters upon decide the matters oral evidence oral evidence or arguments. arguments. (4) All All matters matters brought brought before deter- be deter- shall be Commission shall the Commission before the mined by a majority mined majority of of the members members thereof. thereof. (5) Subject Subject to subsection subsection (6), (6), no no award award or or other other determination determination of the Commission Commission in any any matter brought before it under this matter brought before it under Part - this Part (a) shall shall be be challenged, challenged, appealed appealed against, against, revived, revived, quashed quashed or or called called in question question in any any court court on on any any account account whatever; whatever; b) shall (b) shall be be subjectto subjectto prohibition, prohibition, mandamus orinjunction mandamus or injunction in in any any court court on on any any account account whatever. whatever. (6) ( 6) Any Any party party to to a matter matter brought brought before before the the Commission Commission shall shall be be entitled entitled as ofof right right to to appeal appeal to to the the Court Court of ofAppeal Appeal on on aa point point ofoflaw law from from any any judgment, judgment, order orderor or award award ofofthe the Commission. Commission. The The decision decisionofof the Court of Appeal the Court of Appeal on on any any matter matter brought brought before before it it under under this this subsec- subsec- tion tion shall shall be be final. final. LAWS OF DOMINICA Public Utility Commission Chap. 43:01 11 No appeal 16. No appeal shall shall of of itself itself stay stay or suspend suspend the operation operation of of any ~tay ~tay of of ~roceed- ~roceed- decision or order decision order of of the Commission Commission but but the Court Court of of Appeal Appeal may may stay :~dmg :~dmg suspend in whole or suspend whole or in part part the operation operation ofof the decision decision or order order of of Commission during the Commission during the pendency pendency of of the appeal appeal upon upon such such terms terms as Court of the Court of Appeal Appeal may may think think fit. Every party 17. Every party to a matter matter shall shall be entitled entitled to appear appear at the hearing hearing Appearance. Appearance. thereon, and may thereon, may be represented represented by Counsel Counseloror Solicitor Solicitor or any other other person who person who in the opinion of the tribunal opinion of tribunal is competent competent to assist assist such such person in the presentation person presentation of of the matter. matter. Subject to this section, 18. Subject section, for the purpose purpose ofof dealing dealing with with any Powers Powers of matter brought matter brought before before it, the Commission Commission shall shall have have such such powers powers as are Cohernrn(tsus_ion C°hernrn~tsus.ion w n SI s1 ng as a vested in the High vested High Court Court on the occasion occasion ofof an action, action, to enforce enforce the tribunal. tribunal. attendance attendance of of witnesses witnesses andand examine examine them them on oath, oath, affirmation affirmation or otherwise and compel otherwise compel the production production of of documents. documents. summons signed (2) A summons signed by the Chairman Chairman to the Commission Commission shall have shall have the same same force force and effect as any formal and effect formal process process capable capable of of being issued being issued in any action action taken taken in the High High Court Court for enforcing enforcing the of witnesses attendance of attendance witnesses and compelling compelling the production production of of documents. documents. person refusing (3) Any person refusing or omitting omitting without without sufficient sufficient cause cause to attend at the time attend time and place place mentioned mentioned in the summons summons served him, served on him, any person and any person attending attending but but leaving leaving the Commission Commission without without the permission of permission of the Chairman Chairman or refusing refusing to answer answer fully and satisfacto- satisfacto- best of rily to the best of his knowledge knowledge and belief, belief, all questions questions put put to him by with the concurrence or with concurrence of of the Commission Commission or refusing refusing or omitting omitting without sufficient without sufficient cause cause to produce produce any books, books, plan documents or plan or documents other matters other matters in his possession possession or under under his control control and mentioned mentioned or referred to in the summons referred summons served served on him, him, and any person person who who at any sitting of sitting of the Commission Commission wilfully wilfully insults insults any Commissioner, Commissioner, is liable liable summary conviction on summary conviction to a fme fine of of one thousand thousand five hundred hundred dollars dollars and and to imprisonment imprisonment for three three months. months. award on any matter 19. (1) An award matter brought brought before before the Commission Commission Awards. Awards. may be made may made retrospective retrospective to such such date date not not being being earlier earlier than than six months months before the date before date on which which the matter matter was brought brought before before the Commis- Commis- sion. addition to the powers (2) In addition powers conferred conferred on the Commission Commission by preceding provisions the preceding provisions of of this Part, Part, the Commission Commission may, may, in relation relation matter brought to any matter brought before before it - L.R.0.111991 LAWS OF DOMINICA 12 Chap. 43:01 Public Utility Commission (a) make ( a) provisional or make provisional relating to award relating order or award interim order or interim or part matters or the matters the pursu- direction in pursu- or give direction thereof, or part thereof, of the ance of ance hearing or the hearing determination; or determination; dismiss any (b) dismiss (b) from refrain from matter or refrain or part of a matter matter or any matter further hearing or further hearing matter or part determining the matter from determining or from part thereof if thereof if it thereof is part thereof matter or part appears that the matter it appears trivial or trivial not proceedings are not further proceedings vexatious or that further or vexatious or desirable necessary or desirable necessary in the public interest; public interest; ex- and ex- costs and such costs another such any party to pay to another order any (c) order (c) speci- witnesses, as are speci- expenses of witnesses, including expenses penses, including penses, fied in the order; fied things such things and do all such directions and generally give all such directions d) generally ((d) and expeditious and for the expeditious expedient for necessary or expedient as are necessary just hearing just matter. the matter. of the determination of hearing and determination by Review by Review 20. The Commission Commission may or decision or any decision rescind any or rescind vary or review, vary may review, Commission of Commission of its own own order made order made by it; and where where under before required before hearing is required Act a hearing under this Act its decisions. decisions. any decision any decision or order order is made, altered, be altered, not be shall not order shall or order decision or made, the decision suspended or revoked suspended revoked without hearing. without a hearing. Rates fixed Rates fixed on on 21. (1) Whenever Whenever the Commission, Commission, after upon its hearing upon after a hearing own its own complaint. complaint. motion or upon complaint, motion upon complaint, finds finds that that the the existing existing rates rates of of any any public public utility for any service utility service are unfair unfair or unreasonable or or unreasonable contrary to or contrary law, the to law, the Commission shall Commission shall determine determine thethe fair fair and and reasonable (including rates (including reasonable rates maximum or minimum maximum minimum rates) rates) to to be thereafter observed and thereafterobserved and shall the fix the shall fix same same by order order to be served on the public utility served on the public utility and and such such rates rates shall shall constitute the legal constitute legal rates rates of of the the public public utility utility until until changed changed as provided as provided in this in this Act. Act. (2) Where Where a public public utility utility does does not not itself itself produce produce or generate or generate that which it distributes, transmits that which it distributes, transmits or or supplies supplies to to the the public public but but obtains obtains the the same same from from another another source, source, the the Commission Commissionshall shallhave havethe thepower powerand and authority authority to to investigate investigate the the cost cost of of the the production production or or generation generationin in any any investigation of the reasonableness investigation of the reasonableness of of the the rates rates of of the the public public utility. utility. Temporary rates. Temporary rates. 22. 22. (1)(1) The Commission TheCommissionma may, in any proceeding involving y,inanyproceeding the rates involvingtherates of ofaa public public utility utility brought broughteither eitherupon uponitsitsown ownmotion motionor upon complaint, orupon complaint, if ifitit is is of ofthe the opinion opinionthat thatthe the public publicinterest interestso sorequires, requires,immediately immediate! yfix, fix, determine and prescribe temporary rates to be charged determine and prescribe temporary rates to be charged by the public by the public utility utility pending pending thethe final final determination determination of ofsuch such rate rateinquiry. inquiry. LAWS OF DOMINICA Public Utility Commission Chap. 43:01 13 Whenever the Commission, (2) Whenever Commission, upon upon examination examination of of any an- nual or other nual other report, report, or of of any papers, papers, records, records, books documents or books or documents of the property of property of public utility, of any public utility, is of of the opinion opinion that that any rates of of public utility the public producing a return utility are producing return in excess excess ofof a fair return return upon upon fair value the fair value of of the property property of public utility, of the public utility, used and useful useful in its public selVice, public service, the Commission Commission may by Order, Order, prescribe prescribe for a trial trial period not exceeding period exceeding six months, months, the temporary temporary rates to be obselVed observed by public utility the public utility as in the opinion opinion of of the Commission Commission will produce produce a fair return upon return upon the fair value, value, and the rates so prescribed prescribed shall shall become become upon the date specified effective upon effective specified in. the Order Order ofof the Commission Commission and shall become shall become pennpennanent anent at the end ofof the trial period, period, unless unless at any time time during the trial period during public utility period the public utility involved involved complains complains to the Commission that Commission that the rates so prescribed prescribed are unfair unfair and unreasonable. unreasonable. Temporary rates so fixed, detennined (3) Temporary detennined and prescribed prescribed under under section shall be effective this section effective until until the final detennination detennination of of the rate inquiry, unless inquiry, unless tenninated tenninated sooner Commission. sooner by the Commission. (4) If the rates as finally determined determined are in excess excess ofof the rates existing prior existing prior to the filing with the Commission Commission by a public public utility utility of of a tariff stating tariff under the provisions stating a new rate under provisions of of section section 13(2) or of of the rates prescribed rates prescribed in such temporary temporary Order, Order, then the public public utility utility shall shall be pennitted to amortise permitted amortise and recover recover by means means of of a temporary temporary increase increase in finally detennined, the rates fmally detennined, the sum whichwhich represents represents the difference difference between the gross between income actually gross income actually received received by the public public utility utility during during period commencing the period commencing with the date on which which under under the notice notice given given Commission the new rate was to have come to the Commission come into effect, effect, and ending ending date on which on the date which the rate fmally finally determined determined became became effective, effective, and gross income the gross income which which would would have have been received received during during the samesame period if period finally detennined if the rates finally detennined had been been in effect. effect. proceeding upon 23. In any proceeding 23. upon the motion motion of of the Commission Commission involv involv- Burden Burden of proof proof proposed or existing ing any proposed existing rate ofof any public public utility, utility, or in any on rate rate inquiry. inquiry. proceeding upon proceeding upon complaint complaint involving involving any proposed proposed increase increase in rates, rates, burden of the burden of proof proof to show that that the rate involved involved is fair and reasonable reasonable upon the public shall be upon shall public utility. utility. PART III PART SERVICE AND SERVICE AND FACILITIES FACILITIES 24. Every 24. public utility Every public utility shall shall maintain maintain its property property and equipment equipment in Duty Duty to provide 10 provide such condition such condition as to enable enable it to provide provide and shall shall provide provide selVice service to the adequate adequate service. service. L.R.O.1I1991 L.R.0.1I1991 LAWS OF DOMINICA 14 Chap. 43:01 Chap. 43:01 Public Utility Commission respects safe, all respects in all public in public efficient and adequate, efficient safe, adequate, shall and shall reasonable and and reasonable such repairs, allsuch make all make and extensions and substitutions, extensions alterations, substitutions, changes, alterations, repairs, changes, improvements in improvements to such or to in or service as shall such service as shall be necessary or proper for necessary or proper for the accommodation and the accommodation public. convenience of the public. and convenience Proper service Proper service Where the 25. Where 25. motion or own motion its own upon its hearing upon Commission, after a hearing the Commission, or established on established on complaint complaint upon utility public utility any public of any facilities of service or facilities that the service finds that complaint, finds upon complaint, inadequate or unsafe, inadequate are unsafe, are discrimina- unreasonably discrimina- unreasonable, or unreasonably or unreasonable, tory, the tory, Commission shall the Commission adequate, prescribe the adequate, determine and prescribe shall determine including all provided, including facilities to be provided, service and facilities reasonable service reasonable such all such repairs, substitutions or extensions, substitutions alterations, extensions, changes, alterations, repairs, changes, orimprovements improvements and accommo- proper for the accommo- necessary and proper reasonably necessary facilities as are reasonably and facilities order. its order. same by its shall fix the same public and shall convenience of the public dation and convenience dation Restriction or Restriction or Anypublicutilityw 26. Any public 26. hichceasesitsopera utility hich ceases tionsoranypartofth its operations or any part em em ceasing ceasing operations of notice of months' notice three months' Minister three giving the Minister without first giving without intention to of its intention operations of service. service. is liable on summary so is do so do dollars. thousand dollars. three thousand ofthree conviction to a fine of summary conviction Power Power toto 27. The Commission 27. condi- the condi- prescribing the Regulations prescribing make Regulations Commission may make prescribe prescribe conditions to into enteredinto agreements entered ofall agreements part of become part contained in and to become tions to be contained conditions to service to be service to be service. of service. class of of any class respect of utilities in respect public utilities by public contained in contained in agreement. agreement. PARTlY PARTIV OFFENCES AND OFFENCES AND PENALTIES PENALTIES Disobedience of Disobedience of 28. (I) 1) Any public this ofthis provision of any provision contravenes any which contravenes utility which public utility order of order of Commission Act, or fails or refuses Act, under made under Commission made the Commission of the order of obey an order refuses to obey Commission this Act this Act is is liable liable on summary thousand three thousand of three fine of conviction to a fine summary conviction dollars. dollars. (2) Whenever (2) Whenever it is proved failed to has failed utility has public utility that a public proved that obey to obey any any order order of of the the Commission Commission made made under and director and every director Act, every this Act, under this manager manager of of that that public public utility utility is liable liable on on summary summary conviction conviction to to a a fine fine of one of one thousand thousand fivefive hundred hundred dollars, dollars, unless provesthat heproves unless he accordingtoto thataccording his his position position and and authority authority he he took took all all necessary meansin propermeans andproper necessary and his inhis power power toto obey obey and and carry carry out out and and secure secure obedience obedience to order of the order to the the ofthe Commission Commission and and that thathe he was was not not at at fault fault for forthe thefailure failure totoobey order. theorder. obeythe Obstruction Obstruction of of 29. 29. Any Any person person who who obstructs obstructsororinterferes interfereswith withanyanymember memberof the ofthe officer of officer of Commission Commission, Commission, officer or person in the exercise of the rights conferredor officer or person in the exercise of the rights conferred or Commission in in charge of duties. charge of duties. duties duties imposed imposed by by or or under underthis this Act Actisis liable liable on on summary convictiontoto summaryconviction aa fme fine of of three three hundred hundred dollars. dollars. LAWS OF DOMINICA Public Utility Commission Chap. 43:01 15 PARTY PART V RESEARCH INQUIRIES RESEARCH INQUIRIES AND AND ADVICE ADVICE 30. (1) For For the purposes purposes of of this Part, Part, the Commission Commission may may appoint appoint Research. Research. officer for economic an officer economic research research who shall shall have have the following following func- func- tions: tions: collect and compile (a) to collect compile any information information which which may may be of of assistance to the Commission assistance Commission in the exercise exercise of of its powers and functions powers functions under under this Act; Act; (b) to keep keep information information so collected collected and compiled compiled up-to- up-to- date; conduct studies (c) to conduct studies of of economy economy and efficiency; efficiency; make or obtain (d) to make obtain such such valuations valuations of of the property property of of a public utility public utility as are required required by the Commission. Commission. Information collected (2) Information collected and compiled compiled and and the results results of of the research carried research carried out out under under this section section shall shall be furnished, furnished, subject subject to the permission of permission of the Commission, Commission, to any person person or authority authority desiring desiring to obtain that obtain that information information or those those results results upon upon payment payment ofof the prescribed prescribed fee. The Commission 31. The Commission shallshall act in an advisory advisory capacity capacity to the Minis- Minis- Advisory Advisory ter in such ter such matters matters concerning concerning public Minister, and for such Minister, such purpose public utilities utilities as are referred purpose as well as any other referred to it by the other of of the purposes purposes ofof ~=~:i~~~e ~=::i~~~e the Commission the Commission under under this this Act, the Commission Commission shall shall have have power power to initiate and initiate and conduct conduct investigations investigations into into the operations operations and standards standards of of service of service of all public public utilities. utilities. 32. The 32. The Chairman, Chairman, member, member, Secretary officer or employee Secretary or any officer ~c_:s ofpubli~ employee ~c.:s ofpubli~ of a public of public utility utility shall shall, , on being being requested requested by the Commission Commission to do uuhurtes furnish uUhurtes to furnish repo s, repo so -- SO information, etc. information, elc. furnish to the Commission (a) furnish Commission in such such form and detail detail as the Commission may Commission may require, require, all tabulations, tabulations, computations computations other information and all other information required required by it to carry carry into into effect effect of the provisions any of provisions of of this Act, and and shall shall make make specific specific answers to all questions answers questions submitted submitted by the Commission; Commission; whenever required (b) whenever required by the Commission, Commission, deliver deliver to the Com- Com- mission copies mission copies of of any or all maps, maps, contracts, contracts, agreements, agreements, franchises, reports, franchises, reports, books, books, accounts, accounts, papers papers and records records in L.R.O.1I1991 L.R.0.111991 LAWS OF DOMINICA 16 Chap. 43:01 Chap. 43:01 Public Utility Commission its possession or its possession any way in any or in relating to its way relating property or its property or affecting its affecting its of all its inventory of complete inventory also aa complete and also business and its business property in property as the forms as such forms in such Commission may the Commission direct; may direct; time such time Commission at such reports to the Commission annual reports all annual furnish all c) furnish ((c) and as the form as such form in such and in require; may require; Commission may the Commission file such d) file ((d) the as the expenses as earnings and expenses monthly reports of earnings such monthly Commission may Commission require; and may require; (e) file (e) concerning any reports or both concerning special reports periodical or special file periodical any by any authorised by Commission is authorised about which the Commission matter about matter informed itself informed inquire or to keep itself law to inquire law or which which it is enforce. required to enforce. required Inspection Inspection ofof the authorised by the person authorised other person officeror other Commissioneror any officer 33. A Commissioner 33. books, accounts, books, accounts, etc. Commission Commission may at any time inspect inspect the accounts, accounts, books, books, papers papers and and etc. utility. public utility. documents of any public documents Failure Failure ofof public public person who, being 34. Any person Commission to do required by the Commission being required so, do so, utility to utility to furnish furnish informlllion. fails to prepare prepare and furnish the and in the time and within the time Commission within furnish to the Commission infonn,tion. manner and form and with such manner are certifications as are particulars and certifications such particulars required required by this Act or the Regulations Regulations - ((a) any return return of of information returns of returns forms of the forms required in the information required furnished to the Commission; furnished or Commission; or (b) any answer (b) Commission; the Commission; by the submitted by question submitted answer to any question or c) any ((c) any information information required required by inhis whichisisin Commissionwhich the Commission by the his possession possession or or control, control, is liable on summary conviction to a fine of three thousand dollars. Making false Making false 35. 35. (1) (1) Any Any person person who who wilfully wilfully makes makes any any return returnor orfurnishes furnishes anyany returns and returns and obstruction. information information to to the the Commission Commission whichwhich isis false false in inany any particular particularisisliable liable obstruction. on on summary summary conviction conviction to to aa fine fine of of three three thousand thousand dollars. dollars. (2) (2) Any Any person person who who wilfully wilfully obstructs obstructs any Commissioneror any Commissioner or any any officer or servant officerorservant of of the the Commission Commission in inthe theperformance performance of of any any duty duty imposed imposed under under this this section section isis liable liable on on summary summaryconviction convictiontotoaafine of fineof one thousand five hundred dollars. one thousand five hundred dollars. LAWS OF DOMINICA Public Utility Commission Chap. 43:01 17 PART VI PART PROVISIONS MISCELLANEOUS PROVISIONS MISCELLANEOUS Commission by this Act vested in the Commission powers vested 36. The powers apply Appraisal shall apply Act shall Appraisal of powers POCo which the powers of which respect of matter in respect subject matter that the subject notwithstanding that wers0 notwithstanding poeowers_ o~. mm1ss1on. mmlSSlOn. agreement and matter of any Act or agreement subject matter exercisable is the subject are exercisable shall and shall of subject of or the subject fixed by or whether fixed service, whether rates and service, of rates respect of apply in respect apply agreement orotherwise; any Act or agreement service are and service rates and where the rates otherwise; and where the whether the apply whether shall apply agreement, shall of an agreement, subject of fixed by or are the subject fixed general binding by any general made binding ratified or made incorporated in or ratified agreement is incorporated agreement or special special Act Act or otherwise. otherwise. 37. (1) The Commission shall, on or before Commission shall, year, Annual each year, March in each before 1st March Annual report. report. showing year showing calendar year preceding calendar report for the preceding Minister a report make to the Minister make briefly- briefly- complaints to the applications and complaints (a) all applications Commission the Commission under this Act, under summaries of Act, and summaries the of the findings of the findings of the thereon; Commission thereon; Commission (b) summaries regard in regard Commission in of the Commission findings of of the findings summaries of has Commission has the Commission which the respecting which matter respecting to any matter acted of acted of its motion; own motion; its own of be of to be Commission to the Commission appear to the matters as appear other matters such other c) such (c) public public interest interest in connection utilities public utilities the public with the connection with subject to subject thisthis Act; (d) such such matters matters as the the Minister Minister directs. directs. (2) The The report report shall House of the House before the laid before shall be laid and Assembly, and of Assembly, a copy thereof shall be issued each member of the House and shall be copy thereof shall be issued to each member of the House and shall be published published in such such manner manner andand be made such at such public at the public available to the made available price price as the the Minister Minister may may direct. direct. 38. 38. A copy copy of of any any Rules, Rules, Regulations, Regulations, Orders Orders or other documents in orotherdocuments in Evidence Evidence of of the custody of the Secretary of the Commission certified by the custody of the Secretary of the Commission certified by the documents.the documents. Secretary to be Secretary be a true true copy copy and and sealed sealed with with the the seal seal of of the the Commission Commission shall shall be evidence of evidence of the the Rules, Rules, Regulations, Regulations, Orders Orders or or documents documents without without proof proof of of the the signature signature of of the the Secretary. Secretary. 39. 39. (1) The The costs costs of of and and incidental incidental to any any proceeding proceeding before before the the Costs Costs inin Commission Commission shall shall be be in in the the discretion discretion of be deoiscre~on_ may be and may Commission and the Commission of the dCoiscre~on. mmlsslon. mm1ss1on. of of fixed fixed at a sum certain certain or or may may bebe taxed. taxed. L.R.0.111991 LAWS OF DOMINICA 18 Chap.43:01 Public Utility Commission (2) The (2) Commission may The Commission prescribe aa scale may prescribe costs which costs under which scale under may order and may taxed and be taxed shall be shall by whom the costs order by whom the costs in any proceedings are proceedings be taxed. to be to taxed. Fees. 40. The 40. Commission may The Commission make Minister make approval of the Minister with the approval may with to be fees to prescribing fees Regulations prescribing Regulations paid in respect respect of any matter within matter within the of the jurisdiction of the jurisdiction Commission. the Commission. Regulations. Minister may The Minister 41. The 41. which anything which prescribing anything Regulations prescribing make Regulations may make may be may be or or is imposing on Act or imposing under this Act prescribed under required to be prescribed is required on a public utility public obligations in utility obligations the information to the of information supply of relation to the supply in relation Commission and Commission respect payable in respect rates payable public of the rates members of the public and members of its of its utility utility services. seIVices. Application of Application of 42. (1) 42. (1) Subject construed and construed read and shall be read Act shall section, this Act Subject to this section, AcL AcL as applying as applying to a public public utility utility notwithstanding notwithstanding any general general or or special special power or authority vested such public utility power or authority vested in such public utility by any any enactment enactment by or by or virtue of its incorporation. virtue incorporation. (2) The Minister Minister may de- the Gazette, de- in the published in Order published may by Order clare that clare that any public public utility utility named named in the exempt from Order is exempt from the the Order the provisions of this Act or any part provisions have may have Order may such Order and such thereof and part thereof reference to any particular reference particular public public utility public ofpublic class of specified class any specified or any utility or utility. utility. Section 3. SCHEDULE Appointtnent of Appointtnent of 1. (I) 1. (1) The The Commission Commission shall shall consist consist of of five five persons persons appointed appointed by the by the Commission. Commission. Minister, being Minister, being persons persons appearing appearing toto the the Minister Minister to to be be qualified qualifiedasas having havinghad had experience and experience and shown shown capacity capacity in matters mattersrelating relating to totrade, trade,finance, finance,economics, economics, law, engineering law, engineering oror accountancy, accountancy, andand persons persons representative representative of of the the general general public. public. (2) (2) The The Minister Minister may may appoint appoint as as Chairman Chairmanaa Commissioner Commissionerwho whoisisaa barrister of the Supreme Court of not less than five years standing. barrister of the Supreme Court of not less than five years standing. Qualification for 2. Qualification for 2. (I) (1) A person shall not be qualified Apersonshallnotbeq for appointmententasamemberofthe ualifiedforappointm as a member of the membership of membership of Commission who Commission who -- Commission. Commission. a) is ((a) is the the holder holder of ofany any public public office; office; ( b) holds (b) holds or or isis interested interested in in any any stock, stock, share, share,bond, bond,debenture debentureor or other other security security of, of, or or isis otherwise otherwise interested interested in, in, any any public public LAWS OF DOMINICA Public Utility Commission Chap. 43:01 19 utility or utility or any any other other company company which which is in competition competition with, with, or or provides similar provides similar services services to those supplied to those supplied by by a controlled controlled public utility. public utility. The office (2) The office of of a member member of of the Commission Commission shall shall become become vacant vacant any circumstances if any if circumstances arise arise that, that, ifif he were were not not a member member of of the the Commission, Commission, would cause would cause him to be be disqualified disqualified for appointment appointment as such such by by virtue virtue of of subparagraph (I). subparagraph (1). The Minister 3. The Minister may may appoint appoint any person person qualified qualified for for appointment appointment as a Temporary Temporary member of member of the Commission Commission to actact temporarily temporarily in the place place of of any any member member of of appointment. appointment. Commission in the case the Commission case of of the the absence absence or inability inability to act act of of such such member. member. 4. (1) The appointment (I) The appointment of of a member member of of the Commission Commission shall, shall, subject subject Tenure Tenure of of office. office. provisions of to the provisions of this Schedule, Schedule, be for a period period of of not not more more than than three three years years member shall and such member shall be eligible eligible for re-appointment re-appointment The Minister (2) The Minister may may at any time time revoke revoke the appointment appointment ofof any any member of member of the Commission Commission if in the opinion opinion of of the Minister Minister the the member member is guilty guilty of neglect neglect of of duty, duty, inefficiency, inefficiency, incompetence, incompetence, misconduct misconduct or or malfea- malfea- sance. sance. case of S. In the case of the absence absence or inability inability of of the Chairman Chairman to act act at at any any Chairman. Chairman. meeting, the remaining meeting, remaining members members ofof the Commission Commission may may elect elect one one of of their their numbers to preside numbers preside at that that meeting. meeting. 1) Any member 6. (I) member ofof th~ Commission Commission other other than than the Chairman Chairman may may atat Resignations. Resignations. resign his office any time resign office by instrument instrument in writing writing addressed addressed to the Minister Minister transmitted through and transmitted through the Chairman Chairman and from the datedate of of receipt receipt by the Minister of Minister of the instrument instrument such member member shall shall cease cease to be a member member of of the Commission. Commission. The Chairman (2) The Chairman may at any time resign resign his office office by instrument instrument in writing addressed writing addressed to the Minister Minister and such resignation resignation shall shall take effect effect as from receipt of the date of the receipt of the instrument instrument by the Minister. Minister. 7. The names names of of all members members of the Commission Commission as first constituted constituted and and Publication Publication of of every change every change of the membership membership thereof thereof shall be published published in the Gazette. membership. membership. 8. (1) The Commission Commission shall be a body body corporate corporate having having perpetual perpetual Incorporation. Incorporation. succession and a common succession common seal and the power power to acquire, acquire, hold and dispose dispose of of other property land and other property of whatever whatever kind. (2) The seal of the Commission Commission shall be authenticated authenticated by the signa- signa- tures of the Chairman Chairman or one member member of the Commission Commission authorised authorised to act in behalf and the Secretary that behalf Secretary of the Commission Commission and shall be judicially judiciall y noticed. noticed. L.R.0.111991 LAWS OF DOMINICA 20 Chap. 43:01 Public Utility Commission required by those required than those other than documents other Alldocuments (3) All (3) under seal be under to be law to by law seal madeby, made and all decisions of, the Commission may be signified under the by,and all decisions of, the Commissio n may be signified under the hand hand Chairman or theChairman ofthe of authorised to member authorised anymember orany the Secretary or the behalf or that behalf in that ac tin toact Secretary ofthe of Commissio the Commission. n. Procedure and Procedure and 9.9. ((1) 1) The meet at shall meet Commissionn shall TheCommissio may be as may times as such times at such necessary or be necessary or meetings. meetings. expedient expedient for for the thetransaction transaction of of business business and and such such meetings meetings shall shall be be at such held at held such days as such days on such and on times and and times places and places Commissionn shall the Commissio as the determine. shall determine. (2) The (2) Chairman may The Chairman may at meeting of special meeting call aa special time call any time at any the of the Commissionn and Commissio call aa special shall call and shall meeting to be held within seven days of aa special meeting to be held within seven days of request for written request written for that addressed to him by purpose addressed that purpose any member by any member of the of the Commission. Commissio n. (3) The (3) Chairman or, The Chairman in the or, in to act inability to absence or inability the absence Chair- the Chair- of the act of man, the man, the person elected in person elected shall preside paragraph 5, shall preside at accordance with paragraph in accordance the at the meetings of meetings of the Commission.n. When the Commissio When so Chairman or the person the Chairman or the person presiding the so presiding elected as elected as aforesaid, aforesaid, asas the may be, shall have an original case may the case vote. casting vote. and a casting original and (4) The (4) The quorum members. three members. be three shall be Commission n shall of the Commissio quorum of (5) Subject (5) Subject to the provisions may Commissio n may the Commission Act, the this Act, of this provisions of regulate its own regulate its own proceeding proceedings.s. (6) The (6) The validity notbe shall not Commissio n shall the Commission of the proceeding s of validity of any proceedings be affected by any vacancy amongst affected by any vacancy amongst the the members members thereof thereof or or by by any any defect defect in in the the appointmentnt of appointme of aa member member thereof. thereof. Remuneration of Remuneration of 10. There 10. There shall shall be be paid paid to the the Chairman Chairman andand other members of other members the of the members. members. Commission such remuneration, Commissio n such remunerati on, if if any, any, (whether (whether by by way way of of salaries salaries or or travelling or other allowances) travelling or other allowances ) as as the the Minister Minister may may determine. determine. Funds of the Funds of the 11. The 11. The funds funds of of the the Commission Commissio n shall shall consist consist ofofsuch moneysasas may such moneys may Commission. Commission. from time to time from time to time be be placed placed at at its its disposal disposal for for the the purposes purposes of of this this Act Act by by Parliament and such Parliament and such other other moneys moneys as as may may lawfully lawfully be bepaid paidto tothe theCommission. Commissio n. Power to appoint Power to appoint 12. The 12. The Commission Commissio n shall shall appoint appointandandemploy employatatsuch and remunerati onand suchremuneration officers, agents. officers, agents. on such terms and conditions on such terms and conditions as as it itthinks thinksfit, fit,aSecretary aSecretaryand and such suchother otherofficers officers and and servants servants as as itit thinks thinks necessary necessary for for the theproper propercarrying carryingout outofofits itsfunctions; functions; but- but- (a) no (a) no salary salary in in excess excessof ofthe therate rateofofsix sixthousand thousanddollars dollarsper perannum annum shall shall be be assigned assigned toto any any post postwithout withoutthe theprior priorapproval approvalofofthe the Minister; Minister; and and (b) no provision (b) no provision shall shall bebe made made for for the thepayment paymentofofany anypension, pension, gratuity, or other like benefit to, or in gratuity, or other like benefit to, or in respect respectof of the theservice serviceofofany any officer or servant without the prior approval of the Minister. or servant without the prior approval of the Minister. officer LAWS OF DOMINICA Public Utility Commission Chap. 43:01 21 13. A member member of of the the Commission Commission who who isis interested interested in any any company company or or Disclosure Disclosure of of undertaking which undertaking which is an interested interested party party in anyany proceedings proceedings before before the intere st. the interest. Commission affecting Commission affecting a public public utility utility shall shall disclose disclose to to the the Commission Commission thethe fact fact and nature and nature of of his his interest interest and and shall shall not not take take part part in any any deliberation deliberation oror any any decision of decision of the the Commission Commission relating relating to the the matter, matter, and and such such a disclosure disclosure shall shall forthwith be forthwith be recorded recorded in thethe records records of of the the Commission. Commission. 14. (1) The Commission 1) The Commission shall shall keep keep proper proper accounts accounts and and other other records Accounts and in Accounts records in and relation to the the business business ofof the the Commission Commission and audit. audit. relation and shall shall prepare prepare annually annually a statement of statement of accounts accounts in a form form satisfactory satisfactory to the the Minister, Minister, being being a form form which which shall conform shall conform with with the the best best commercial commercial standards. standards. (2) The The accounts accounts of of the the Commission Commission shall shall be be audited audited by by an an auditor auditor or or auditors appointed auditors appointed annually annually by by the the Commission Commission and and approved approved by by the the Minister. Minister. Within four (3) Within four months, months, after after the end end of of each each financial financial year year or or within within such further such further time time as may may in special special circumstances circumstances be be allowed allowed byby the the Minister, Minister, the Commission Commission shall shall send send the the statement statement of of its accounts accounts referred referred to to in subparagraph (1) to the subparagraph the Minister, Minister, together together with with a copy copy of of any any report report made made byby the auditor auditor on that that statement or on the accounts statement or accounts ofof the the Commission. Commission. The auditor's (4) The auditor's fees and any expenses expenses of of the audit audit shall shall be be paid paid by by Commission. the Commission. The Director (5) The Director of of Audit Audit shall shall be entitled, entitled, on the the direction direction of of the the Minister, at all reasonable Minister, reasonable times times to examine examine the accounts accounts and and other other records records in in relation to the business relation business of of the Commission. Commission. 15. (1) No action. action, suit, suit, prosecution prosecution orother other proceedings proceedings shall shall be be brought brought Protection Protection of of instituted personally or instituted personally against against any member member ofof the Commission Commission in respect respect of of members. members. any act any act done bonafide in pursuance done bonafide pursuance or execution execution or intended intended execution execution ofof this this Act Where any (2) Where any member member of the Commission Commission is exempt exempt from from liability liability reason only by reason only of this this paragraph, paragraph, the Commission Commission shall shall be liable liable to the the extent extent that it would that would be if the said member her was a servant servant or agent agent of of the Commission. Commission. L.R.0.111991