The main function or “core mandate” of the BCUC is “rate setting and protecting the supply system in a manner which safeguards the public interest.”

The BCUC set out this version of its core mandate in its 2020 Coquitlam Reconsideration Decision, a decision which was upheld in a BC Court of Appeal hearing in 2021.

The core mandate derives primarily from the Supreme Court of Canada 2006 ATCO Decision, where the Supreme Court concluded that the main functions of a public utilities regulator are “rate setting” and “protecting the integrity and dependability of the supply system.” This version of the core mandate is often cited without the reference to safeguarding the public interest.

The addition of “safeguarding the public interest” to the core mandate comes from another Supreme Court of Canada decision, the 1957 District of Surrey Decision, in which the Supreme Court stated that “The whole tenor of the Act [now the Utilities Commission Act] shows clearly that the safeguarding of the interests of the public, both as to the identity of those who should be permitted to operate public utilities and to the manner in which they operate, was a duty vested in the Commission.”

The core mandate is important to consider when interpreting the BCUC’s jurisdiction. The BCUC may only do what is permitted by the Utilities Commission Act, but there are many broadly-worded provisions that appear to give the BCUC almost unlimited powers. The BCUC’s powers are limited, however, even in the broadly-worded sections – by the core mandate.

For example, section 32 of the Act allows the BCUC to “allow the use of the street or other place by the public utility for that purpose and specify the manner and terms of use” if a public utility and a municipality cannot agree on the terms of use. The phrase “specify the manner and terms of use” is broad; there are no apparent limits to the terms the BCUC could impose. However, the terms of an agreement imposed by the BCUC must relate to its core mandate – setting rates or protecting the supply system.

The BC Court of Appeal confirmed both the nature of the BCUC’s broadly-worded powers and its core mandate in the 2024 Richmond Reconsideration Decision.