A complaint to the Public Utilities Board (PUB) against the RM of Cartier has been dismissed, but the ruling isn't sitting well with Council. Reeve Dale Fossay says a complaint was filed by a citizen after the connection fees were increased to $12,000 from $9,000 for their 2015 rural water line expansion. He notes the hike came as a result of increased costs for the project, and the work was already approved by the Manitoba Water Services Board. Fossay says historically they haven't sought approval for fee changes for these types of connections, but the PUB is now stating they have jurisdiction over the matter.

"What's unique here is that the connections are voluntary, not mandatory, and they believe they have a legal right to rule on these. Our project was already approved and partially funded by the provincial government through the water services board, so we kind of found a conflict there between the two government bodies."

Fossay says this is the first he's heard of the PUB stepping in when it comes to construction and voluntary fees. He says their main concern is with the amount of time projects could be delayed, due to having to make multiple presentations before moving forward.

"It lengthens the amount of time the projects have to be reviewed, approved by the province, and then reviewed by the Public Utilities Board. It just lengthens the time it's in the hands of bureaucracy before construction projects can begin."

Currently municipalities aren't mandated by provincial legislation to contact the PUB to set connection fees. However, in the report sent to the RM of Cartier, the PUB claims "A connection fee cannot be charged unless it is approved by the PUB.

One contributing factor to the challenge lies with wording in Manitoba Municipal Act, and the Public Utilities Board Act. The Municipal Act states a municipality may "set terms and conditions in respect of users, including setting rates or amounts of deposits, fees' and other charges, and charging and collecting them". However, in the PUB's report it cites a part of the PUB Act, which states;

" No change in any existing individual rates, joint rates, tolls, charges, or schedules thereof or any commutation, mileage, or other special rates shall be made by any owner of a public utility, nor shall any new schedule of any such rates, tolls, or charges be established until the changed rates or new rates are approved by the board, when they shall come into force on a date to be fixed by the board; and the board may, either upon written complaint or upon its own initiative, hear and determine whether the proposed increases, changes, or alterations are just and reasonable."

Fossay feels the two acts are contradictory, and wants to see the process streamlined by the provincial government in the near future.

"We're going to ask that the Public Utilities Board and the Manitoba Water Services Board sit down and work out who actually has jurisdiction over the rates imposed. This needs to be resolved at a higher level."

In the meantime the PUB has approved the rate increase for the work in the municipality, but has requested all similar future projects and increases be submitted to the PUB.