E-10-(i)Book of Authorities
14 passages
IN THE MATTER OF THE PUBLIC UTILITIES ACT - and - IN THE MATTER OF AN APPLICATION by EFFICIENCYONE for determination that Nova Scotia Power Inc. is required to provide EfficiencyOne, pursuant to Section 79K of the Public Utilities Act, RSN...
AI summary EfficiencyOne applied for monthly customer data from Nova Scotia Power Inc. under Section 79K of the Public Utilities Act. The application was granted by the Nova Scotia Utility & Review Board on November 15, 2017, after final submissions on September 13, 2017.
II BACKGROUND - [8] On June 12, 2017, E1 filed the Application seeking a Board Order compelling NSPI to provide the Customer Usage Data and the Names and Emails. - [9] The Board determined the Application should proceed by a paper hearing,...
AI summary E1 filed an application in 2017 seeking customer data from NSPI, leading to a paper hearing. The Board set a timeline, with interventions from CA, SBA, IG, and NSDOE. NSPI submitted evidence, and E1 rebutted. The text outlines legislative changes transferring DSM responsibilities from NSPI to ENSC and later to E1 under the PUA and ENSCA.
III ISSUES - [16] The issues to be decided in this Application are: - a) Whether the Names and Emails are information in NSPI's possession or control respecting customer electricity usage and load that is necessary to enable E1 to provide...
AI summary The proceeding addresses two issues: whether NSPI possesses customer data (names, emails, usage) necessary for E1 to deliver cost-effective energy efficiency programs. The Board must determine if this data is within NSPI's control and essential for E1's activities.
IV LEGISLATION [17] E1's authority to request information from NSPI, NSPI's obligation to respond to E1's request, and the Board's jurisdiction to determine the Application, are all set out in s. 79K of the PUA , which states:
AI summary The text outlines E1's authority to request information from NSPI, NSPI's obligation to comply, and the Board's jurisdiction under section 79K of the Public Utilities Act (PUA). This provision establishes the legal framework for information disclosure and regulatory oversight in the proceeding.
Disclosure without knowledge or consent - 7(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the indivi...
AI summary The text outlines conditions for disclosing personal information without consent under section 7(3)(c), including compliance with court orders or laws. The Board considered submissions on PIPEDA's impact on interpreting PUA's s. 79K(1) and CASL's implications for E1's marketing practices using Names and Emails.
Information to be provided by public utilities and confidentiality - 21 (1) Upon written notice from the Corporation, a public utility shall, within such reasonable time as is specified in the notice, provide to the Corporation, for the pu...
AI summary The text outlines legal requirements for public utilities to disclose customer electricity data to the Corporation, with confidentiality exceptions. It references 2014 legislative amendments under the PUA and EECRA, which transferred DSM functions from Efficiency Nova Scotia Corporation to E1 (EfficiencyOne) as the initial franchise holder.
Information and assistance for new franchise holder - 79E (1) In the event of the termination or expiration of a franchise, the franchise holder shall provide a new franchise holder with the information in its possession or control, includ...
AI summary This section outlines obligations for franchise holders to transfer information and assistance to new holders or Nova Scotia Power Inc. (NSP) upon franchise termination, ensuring uninterrupted electricity efficiency activities. Confidentiality rules apply, with exceptions for publicly available information. The Minister directs the transfer process, and NSP acts as a fallback recipient if no new franchise holder exists.
s for violations of the CASL. As well, there are provisions in the CASL, that have not yet been proclaimed, which create a private right of action for recipients of CEMs who have not provided consent. [103] NSPI is concerned if it provides...
AI summary NSPI expresses concern that sharing customer data with E1 under a Board Order may violate CASL, seeking indemnity for potential liability. E1 argues implied consent under CASL's s. 9(a) allows use of data for DSM campaigns. The proceeding addresses CASL compliance, data sharing obligations, and indemnity claims.
he type of user. [122] All the data can be used by E1 to produce a comprehensive picture of energy consumption for particular types of customers at particular locations and particular points in time. - [123] The data can therefore be used...
AI summary The Board supports E1's use of customer data for targeted energy programs, emphasizing confidentiality under the PUA and compliance with CRTC and CASL regulations. Data integration aids in creating customer profiles and improving program efficiency, with no contradictory evidence presented. Telemarketing compliance is mandated if E1 engages in such activities.
IX SUMMARY AND CONCLUSION [136] E1 applied to the Board for an Order requiring NSPI to disclose Names and Emails, and Customer Usage Data, pursuant to s. 79K(1) of the PUA . [137] The Board has determined that the Names and Emails, and the...
AI summary E1 requested the Board to order NSPI to disclose customer data (names, emails, usage) under the PUA. The Board ruled this information is necessary for E1 to develop cost-effective DSM programs, citing its relevance to customer electricity usage and load analysis.
Duty to furnish financial information on operations 34 Each public utility shall furnish to the Board, whenever required in connection with any investigation by the Board, in such form and at such times as the Board shall require such acco...
AI summary Public utilities in Nova Scotia must provide detailed financial information to the Board upon request, including depreciation, salaries, legal expenses, and other operational metrics. This requirement is mandated by R.S., c. 380, s. 34, ensuring transparency in utility operations.
Annual balance sheet - 50 (1) Unless otherwise ordered by the Board, all accounts required to be kept by a public utility shall be closed annually on the last day of December in each year, and a balance sheet of that date shall be promptly...
AI summary The annual balance sheet requirements mandate public utilities to close accounts annually on December 31, prepare a verified balance sheet, and file it with the Board by February 1. The process is governed by R.S., c. 380, s. 50, ensuring compliance with regulatory deadlines and verification protocols.
Duty to furnish information, return forms and deliver documents - 51 (1) Every public utility shall furnish to the Board all information required by it to carry into effect the provisions of this Act, and shall make specific answers to all...
AI summary Public utilities must provide the Board with required information, complete forms accurately, and deliver documents upon request. Non-compliance requires sworn explanations and timely submissions. The Board may demand maps, contracts, and records in specified formats, with inventory details.
Availability of schedule for inspection 66 A copy of so much of said schedule as the Board shall deem necessary for the use of the public shall be printed in plain type and kept on file in every office of such public utility where payments...
AI summary The provision mandates that public utilities make a copy of the schedule available for inspection in their offices where payments are made, ensuring public access. This requirement is outlined in R.S., c. 380, s. 66.
E-13-(i)Book of Authorities
15 passages
Investigation of public utility 87(1) The Board may, on its own initiative, or on the application of a person having an interest, investigate any matter concerning a public utility. . . . - (2) When in the opinion of the Board it is necess...
AI summary The Public Utilities Board (PUB) has authority to investigate public utilities, access documents, and regulate rates. It may modify excessive or discriminatory rates and requires compliance from utility owners and controllers. The process involves examining service quality, rates, and related charges.
Enquêtes 87(1) La Commission peut, d'office ou à la demande d'un intéressé, faire enquête sur toute question relative à une entreprise de services publics. . . . - (2) Lorsqu'elle estime nécessaire d'enquêter sur une entreprise de services...
AI summary The Commission has authority to investigate public utilities, access their documents, and require controlling parties to provide information. It may act on its own initiative or at the request of interested parties, with obligations on entities holding company records.
Court of Queen's Bench of Alberta Citation: Business Watch International Inc. v. Alberta (Information and Privacy Commissioner), 2009 ABQB 10 Date: 20090108 Docket: 0803 04984, 0803 04558, 0803 04581 Registry: Edmonton In the Matter of a c...
AI summary Business Watch International Inc. challenged orders issued by Alberta's Information and Privacy Commissioner under PIPA and FOIP Act, concerning EMU Inc.'s (Cash Converters) disclosure of personal information. The case involves disputes over privacy compliance, with intervenors including Edmonton's city and police services, and orders F2007-001/F2007-002/P2007-001.
Cases and authority cited - [8] By the City of Edmonton: City of Edmonton Business License Bylaw 13138; Decision of the Office of the Information and Privacy Commissioner dated February 15, 2008; Excerpts from the Freedom of Information an...
AI summary The City of Edmonton and Edmonton Police Service cite legal documents including bylaws, acts, and court decisions related to privacy, municipal governance, and regulatory compliance. Key references include privacy legislation, municipal acts, and Supreme Court of Canada decisions.
2. Standard of review - [32] Different standards of review apply to different aspects of this application. The appropriate standard of review will be discussed in its specific context. - 3. Did the Commissioner lose jurisdiction by failing...
AI summary The document discusses whether the Commissioner lost jurisdiction by failing to meet PIPA or FOIP timelines. It concludes jurisdiction was not lost, emphasizing that jurisdictional issues can still be addressed even if not raised initially, though fact-finding may be required. The Commissioner argues against re-examining the timeliness issue due to procedural and evidentiary concerns.
by the Alberta Legislature in the Police Act , which makes the Edmonton Police Commission, not City Council or the City Manager or any other civic official, responsible for the administration of police services. Moreover, the Legislature f...
AI summary The text establishes that the City of Edmonton and Edmonton Police Service (EPS) are separate entities under privacy law, as per Alberta's Police Act and FOIP. The City has no control over pawnshop records, which are managed exclusively by EPS. This separation is reinforced by Edmonton's Bylaw 12100 and legislative frameworks defining EPS as a distinct public body.
THE CITY OF EDMONTON EDMONTON POLICE SERVICE EMU INC. (CARRYING ON BUSINESS AS CASH CONVERTERS MILL WOODS) Case File Numbers 3561, 3562, P0363 Office URL: [www.oipc.ab.ca](http://www.oipc.ab.ca) Summary: The Complainant complained to the C...
AI summary The City of Edmonton required pawnshops and second-hand stores to upload personal information to BWI under a directive, violating the FOIP Act. The Commissioner ruled the City lacked authority, ordered data destruction, and mandated safeguards for personal information. The Edmonton Police Service (EPS) also contravened FOIP Act sections 33 and 34.
III. ISSUES [para 10] The following issues are identified in the Notice of Inquiry dated June 28, 2006 for Request for Review #3561: Issue A: Is the Complainant's personal information in the custody or under the control of the City for the...
AI summary The proceeding addresses legal questions under the FOIP Act regarding the City's control and handling of personal information, the Edmonton Police Service's authority to collect data, and potential conflicts between municipal bylaws and FOIP. It also examines the applicability of PIPA versus FOIP and compliance with PIPA's provisions on data collection, disclosure, and reasonableness.
[para 18] The City notes: A review of the licensing bylaws since 1913 indicates that personal information collected and turned over to police by pawnshops has been required in all licensing bylaws. The City also provided copies of historic...
AI summary The City asserts historic licensing bylaws since 1913 require pawnshops to collect personal information, supported by affidavits and bylaws. The Complainant challenges Bylaw 13138, arguing it lacks authority to mandate electronic transmission of data to BWI, citing daily transmission, use of a for-profit entity, and mandatory sharing regardless of police requests.
Issue B: Does the City of Edmonton have the authority to collect the Complainant's personal information, as provided by sections 33 and 34 of the FOIP Act?
AI summary The City of Edmonton's authority to collect personal information under sections 33 and 34 of the FOIP Act is under scrutiny. The FOIP Act governs access to government records and personal information collection. The issue centers on whether the City's actions comply with these provisions, focusing on lawful data collection and disclosure requirements.
Section 33 [para 36] The City did not provide submissions on this issue, as it takes the position that it does not have custody or control over the database, and consequently, does not have control over personal information collected in th...
AI summary The City claims no control over a database and thus didn't collect the Complainant's information. The Complainant argues the City lacks authority under FOIP Act sections 33 and 34 as the bylaw doesn't authorize data collection. EPS asserts the bylaw is an enactment under FOIP Regulation and that the information isn't sensitive, with minimal consequences from breaches.
- (m) the information is collected for the purpose of enforcing a maintenance order under the Maintenance Enforcement Act, - (n) the information is collected for the purpose of managing or administering personnel of the Government of Alber...
AI summary The City of Calgary collected personal information indirectly via a directive, violating sections 33 and 34 of the FOIP Act. The directive, not authorized by the bylaw, required pawnshops and second-hand stores to upload data to BWI, an unauthorized collection method under the Act.
- (e) for the purpose of complying with an enactment of Alberta or Canada or with a treaty, arrangement or agreement made under an enactment of Alberta or Canada, - (f) for any purpose in accordance with an enactment of Alberta or Canada t...
AI summary The City of Edmonton's authority to disclose personal information to the Edmonton Police Service under section 40(1) of the FOIP Act is debated, focusing on subsections (e), (g), and (j) that permit disclosure for legal compliance, court orders, or enforcement of rights. The complainant challenges this authority, arguing it does not apply to police disclosure.
Case File Number P0363 Issue G: Is the Personal Information Protection Act (PIPA) inapplicable to the Complainant's personal information because the Freedom of Information and Protection of Privacy Act (the FOIP Act) applies, by virtue of...
AI summary The case examines whether the Personal Information Protection Act (PIPA) applies to the Complainant's data, given the Freedom of Information and Protection of Privacy Act (FOIP Act) applies. The analysis concludes PIPA does not apply because FOIP Act governs the City's custody of the data, rendering further PIPA-related issues moot.
V. SUMMARY OF FINDINGS - [para 102] I find that the Complainant's personal information, and that of other pawnshop and second-hand store clients contained in the BWI database, is in the custody of the City for the purposes of the FOIP Act....
AI summary The City collected and failed to protect personal information of pawnshop clients under FOIP Act sections 33, 34, and 38, and improperly disclosed data to EPS. Bylaw 13138 does not conflict with FOIP, but the directive's system does. PIPA does not apply as FOIP governs the information.