Revised Laws of Saint Lucia (2021)

87.   Breaches by the service licensee

  1.  

    (1)   A service licensee shall be in breach of its service licence if it—

    1.  

      (a)     unjustifiably interrupts the provision of its service;

    1.  

      (b)     provides potable water which fails to meet the minimum standards required under this Act and to any other law in force in Saint Lucia;

    1.  

      (c)     breaches the minimum standards set under the regulations made under section 97(2)(o) for—

      1.  

        (i)     the-provision of service,

      1.  

        (ii)     environmental performance;

    1.  

      (d)     does not comply with the tariff scheme;

    1.  

      (e)     applies an incorrect invoice to a customer; or

    1.  

      (f)     fails to comply with any provisions of this Act, the regulations or its service licence.

  1.  

    (2)   When an allegation of breach mentioned in subsection (1) has been made to the Commission by a person aggrieved, or where the Commission reasonably suspects that a service licensee is in breach of its service licence, the Commission shall conduct an investigation into the allegation in accordance with sections 37(2) and section 38 and if it finds that—

    1.  

      (a)     the person's allegations or its suspicions are substantiated, it shall so notify the service licensee of its findings and where it deems appropriate issue directions to the service licensee—

      1.  

        (i)     requesting the service licensee to take remedial action and stipulating a time period within which such remedial action is to be completed, and

      1.  

        (ii)     requesting the service licensee to compensate one or more of its customers for any foreseeable damages caused to such customer or customers by the breach within a specific time period;

    1.  

      (b)     the person's claim is frivolous or vexatious, it shall stop its investigations and the person bringing the claim shall be liable for the cost incurred.