As an open and transparent
body, the PUB welcomes and encourages public participation
in its hearings. Public participation ensures that all public issues and
perspectives come to the Board’s attention in a transparent process. As
such, there are several ways for the public to become involved in any public
hearing before the Board:
You may become involved as an intervener. Interveners are
individuals or groups who want to take a position on an application before the
Board by attending the hearing, providing information and/or evidence,
questioning the applicant, and potentially providing a closing statement of
position at the end of the hearing. Interveners are expected to participate
actively in the hearing process, including by answering questions posed by the
Board and its advisers, as well as the applicant. Parties must apply to become interveners as their costs may be paid by the applicant. The interveners must show that they can provide information that will be of benefit to the Board when it enters its deliberations.
To be an intervener, please complete the Intervener Request Form (pdf).;
You may become
involved as a presenter. A presenter is someone who wants to make a
statement to the Board about the application being reviewed in a public
hearing. Presenters may attend the hearing but are not required to participate
in the same way as an intervener. While presenters are not required to
pre-register with the PUB, they should notify us before or at the start of the
hearing of their intention to present. Presenters are encouraged to also
provide electronic and written copy of their presentations.
Making a presentation at a Public Utilities Board Hearing requires 2 weeks prior notice. Simply be prepared to state your opinion and be heard. To make it easier a sample Template for Presenters is provided but not required.
- You may become involved as an interested citizen. Any member of the public may attend Board hearings, may ask questions about issues, or bring matters of interests to the attention of the PUB outside of a formal hearing. Such interactions with PUB staff and others should be conducted in a structured and collegial manner.
Public Hearing Process
The PUB holds hearings on a regular basis, usually precipitated by an application from one of Manitoba’s public utilities on a matter of interest. Hearings allow the Board to make a fully informed decision with significant public input.
The hearing process proceeds in a uniform manner. It begins with an application from the utility and a public notice informing citizens of the time of the hearing and the matters of interest set to be examined. A pre-hearing conference is subsequently held to determine which individuals and groups will act as interveners during the official hearing, with potential interveners applying to the PUB. The hearing commences, with examination of the utility taking place at variable times depending on the relative complexity and significance of the matter under scrutiny. The hearing culminates in the Board’s decision, which comes in the form of an Order.
The hearing process generally begins when someone applies to the Board for a decision on a matter of interest. An applicant may be one of the following:
• A regulated body, such as a utility
• A consumer of a regulated company
• A representative of a consumer or special interest group
Applicants for rate changes must demonstrate to the Board that change is appropriate. The Board must protect the public interest and our decisions are not only based on financial criteria.
Applicants must provide information to support their requests, and respond to pre-hearing questions from the Board and interveners. Information provided before and at the hearing is examined during the hearing and is usually made available to the public online and through the PUB office.
Notice of Public Hearing
The PUB must inform the public about issues to be reviewed at a public hearing. Notices of public hearings are usually published in daily and weekly newspapers throughout Manitoba, or posted within a community. Notices may also be mailed or electronically transmitted to individuals, groups or associations who have expressed an interest in the issues. A notice usually provides the following:
• A brief explanation of the issues
• An indication of the potential impact on ratepayers
• The time, date, and place of a pre-hearing conference
• The procedures and process to be followed
• An indication that the Board may accept, deny or vary the application
Before a public hearing on a rate change application from a major provincial utility, the Board may hold a pre-hearing conference in order to accomplish several goals before the official hearing begins.
First, the Board will seek to outline the issues to be addressed during the hearing. Second, the Board will identify interveners and presenters that are both interested in the hearing and suitable to participate in it. While presenters do not have to go through the same process that goes into determining interveners, they are encouraged to submit their presentation material in writing and to inform the Board well in advance of their intention to participate. Third, the Board will set a timetable for the exchange of information between the applicants, the Board and other interested people. Fourth, the Board will address any opening motions that may be made by the application or any other group, assessing their relevance and suitability for the hearing.
At the beginning of a public hearing, the applicant and interveners are asked to summarize their positions. The application is examined by the Board, its advisers, and interveners. The applicant and interveners are then given an opportunity to make a final statement. When the hearing is over, the Board considers the evidence and we make our decision. For oral hearings, the proceedings are usually recorded by a court reporter, with transcripts available on the PUB website.
During the course of a hearing, interveners and the Board may inquire about a broad range of issues impacting the application under review. The Board is bound by our mandate and enabling legislation, which grants us broad oversight powers with respect to the public utilities under our jurisdiction.
Orders state the Board’s decision, recommendations and reasons for them. Orders are in writing and available to all Manitobans. They are legal, binding documents, subject to appeal by the Manitoba Court of Appeal on questions of law and jurisdiction. All Orders are posted on the PUB website.
The Board will reconsider an Order in some circumstances, such as the timely request of the applicant or interested parties, or on our own initiative. However, these situations are rare.