Revised Laws of Saint Lucia (2021)

39.   Dispute resolution by the Commission

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   (1)   The Commission shall in accordance with this section and any Regulations made under section 45(2)(r) —

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      (a)     determine disputes between service licensees including disputes relating to unfair competition and dominance, service, service order delays and frequency use;

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      (b)     determine disputes between service licensees and aggrieved persons involving alleged breaches of this Act or the Regulations, other Regulatory Acts or service licences;

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      (c)     determine complaints by customers relating to billing, rates payable for utility supply services, service and service order delays;

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      (d)     determine claims by a service licensee for a change in rates payable for its utility supply services;

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      (e)     determine objections to agreements between service licensees;

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      (f)     of its own motion or at the instance of the Minister, review and determine the rate payable for any utility supply service;

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      (g)     determine complaints made by a person aggrieved by the decisions, actions or omissions of a service licensee;

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      (h)     determine complaints made by members of the public against service licensees;

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      (i)     determine disputes relating to interconnection or sharing of infrastructure between service licensees; or

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      (j)     resolve complaints relating to harmful interference.

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   (2)   The Commission shall for the purposes of this section have powers to —

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      (a)     issue summons to compel the attendance of witnesses;

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      (b)     examine witnesses on oath, affirmation or otherwise; and

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      (c)     compel the production of documents.

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   (3)   A summons issued by the Commission under this section shall be under the hand of the Chairperson.

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   (4)   A party to a matter before the Commission under this section, shall be entitled to appear at the hearing and may be represented by an attorney-at-law or any other person who is competent to assist the person in the presentation of the matter.

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   (5)   The Commission may with respect to a matter brought before it under this section —

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      (a)     make a provisional or interim order or award relating to the matter or part thereof, or give directions under the hearing or determination;

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      (b)     dismiss any matter or part of a matter or refrain from further hearing or from determining the matter or part thereof if it appears that the matter or part thereof is trivial or vexatious or that further proceedings are not necessary or desirable in the public interest;

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      (c)     order any party to pay costs and expenses, including expenses of witnesses, as are specified in the order; or

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      (d)     generally give all such directions and do all such things as are necessary or expedient for the expeditious and just hearing and determination of the matter.

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   (6)   The Commission may review, vary or rescind a decision or an order made by it; and where a hearing is required before that decision or order is made, the decision or order shall not be suspended or revoked without a further hearing.

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   (7)   The Commission may in writing delegate its powers under this section to a committee established by the Commission for that purpose comprising the Chairperson and 2 other commissioners designated by the Chairperson.

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   (8)   The decisions of a committee established under subsection (7) shall be binding on the Commission.