Revised Laws of Saint Lucia (2021)

6.   Functions and powers of Commission

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   (1)   The Commission's functions include the following —

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      (a)     to advise the Minister on the formulation of national policy on matters relating to utility supply services;

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      (b)     to promote the efficient and economic development of the utility supply services sector;

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      (c)     to ensure the economic regulation of utility supply services;

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      (d)     to ensure compliance with the Government's international and regional obligations relating to utility supply services;

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      (e)     to be responsible for the technical regulation of utility supply services and the setting of technical standards having regard to international standards and best practice relating to utility supply services;

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      (f)     to receive, consider and determine applications for service licences to provide utility supply services pursuant the Regulatory Acts;

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      (g)     to establish, approve, monitor and review tariff schemes and tariffs in accordance with any Regulatory Act;

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      (h)     to monitor and ensure that service licensees comply with the conditions attached to their service licences;

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      (i)     to monitor and ensure compliance with standards set pursuant to section 45(2);

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      (j)     to ensure the protection of the interest of consumers in relation to the provision of the utility supply service;

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      (k)     to receive and evaluate consumer complaints and resolve disputes in accordance with section 39;

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      (l)     to promote competition and monitor anti-competitive practices in the utility supply services and advise the competent authority responsible for the regulation of anti-competitive practices accordingly;

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      (m)     to maintain a register containing records of service licensees in the prescribed form;

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      (n)     undertake in conjunction with other institutions and entities where practicable, training, manpower planning, seminars and conferences in areas of national and regional importance in utility supply services;

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      (o)     to conduct research relating to utility supply services as may be necessary;

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      (p)     to report to and advise the Minister on the economic, financial, legal, technical, environmental and social aspects of the utility supply services sector;

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      (q)     to require payment of and collect fees payable under this Act and the Regulatory Acts; and

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      (r)     to perform such other functions specified in this Act, any other Regulatory Acts or the Regulations.

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   (2)   In addition to any other powers specified in this Act, the Commission shall have the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

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   (3)   Without prejudice to the generality of subsection (2), where the Commission reasonably suspects that a service licensee is in breach of this Act, the Regulations or a service licence held by the service licensee as the case may be, or where an allegation of breach is made to the Commission against a service licensee, the Commission may conduct any investigation it considers necessary in relation to the service licensee and an inspector may perform any of the following in the course of such investigation —

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      (a)     compel the production of documents and records in the custody or control of the service licensee;

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      (b)     compel the appearance of an employee or officer of a service licensee, or any other person for the purpose of ascertaining compliance with this Act, any Regulatory Act, the Regulations or the relevant service licence;

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      (c)     inspect, examine or make copies of any document or record in the possession of the service licensee relevant to the service licence held by the service licensee;

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      (d)     require verification of income and all other matters pertinent to the service licence or utility supply service;

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      (e)     enter or inspect any premises, owned or occupied by a service licensee for the purpose of ascertaining compliance with this Act, the Regulations, or the service licence;

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      (f)     seize, remove or impound any document or records relating to the service licence or utility supply service for the purpose of examination and inspection; or

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      (g)     seize any apparatus relating to the service licence for the purpose of examination and inspection.

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   (4)   An inspector shall not seize any apparatus in exercise of the powers conferred on him or her by subsection (3)(g) without a court order.

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   (5)   An inspector shall, on entering premises, identify himself or herself to the owner or occupier of the premises, at the time of entry, by showing the person the search warrant, together with his or her identity card issued under section 14(3).

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   (6)   An inspector shall, on completing the search, leave with the owner or occupier of the premises a receipt in which it is recorded a list of documents or extracts taken by the inspector.

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   (7)   An inspector may copy any document removed by him or her in accordance with the provisions of subsection (1), and return the document to the person in charge of the document within 14 days of removal.

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   (8)   For the purpose of discharging its functions and duties under this Act, the Commission shall, as it reasonably requires, be entitled to request any information, matter or thing from any person the Commission has reasonable grounds to believe is providing a utility supply service without a service licence.

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   (9)   Where the Commission reasonably suspects that a person is in breach of a service licence or is committing an offence by    providing a utility supply service without a service licence, a police officer may lay before a Magistrate, an information on oath setting out the grounds for the suspicion and apply for the issue of a warrant to search the premises of where the utility supply service is believed to be provided.

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   (10)   Where an application for a warrant is made under subsection (9), the Magistrate may issue a warrant authorizing a police officer, whether named in the warrant or not, with such assistance, including assistance from an inspector or the Commission and by such force as is necessary and reasonable, to enter upon the premises, search and inspect the premises and —

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      (a)     examine, inspect, make copies of, seize or remove any document or record; and

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      (b)     seize any equipment or other property,

found on the premises in the course of the search that the police officer has reasonable grounds to believe is being used in the commission of the offence.

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   (11)   A person shall not —

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      (a)     fail to comply with a requirement under subsection (3) or request of the Commission under subsection (8); or

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      (b)     hinder, obstruct, prevent or interfere with a police officer, a commissioner, the Executive Director or an employee of the Commission in the exercise of a power under this section.

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   (12)   A person who contravenes subsection (11) commits an offence and is liable on summary conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding three years or to both.

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   (13)   In exercising its power under this section, the Commission may consult any Department of Government or statutory body likely to be affected, and shall send to the Department of Government or statutory body likely to be affected, a copy of any report prepared by the Commission in consequence of any investigation made pursuant to this section.

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   (14)   In ensuring economic regulation of the utility supply services pursuant to subsection (1)(c), the Commission shall have regard to the principles specified in Schedule 3.