Regulated Industries Commission
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
26 of 1998

Amended by
4 of 2001

Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–2 ..
3–4 ..
5–6 ..
7–28 ..
29–30 ..
31–34 ..

REGULATED INDUSTRIES COMMISSION ACT
CHAPTER 54:73

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

Note on Subsidiary Legislation

The following Subsidiary Legislation have been omitted:
(a) Regulated Industries Commission Electricity (Transmission and Distribution)

Order, 2004 (LN 64/2004).

(b) Regulated Industries Commission (Approval of Cess) Orders made under section 30;

(c) Notice Requesting Review of Tariffs (LN 282/2005).

For reference to the above Orders and Notices—see the Current Edition of the Consolidated
Index of Acts and Subsidiary Legislation.

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CHAPTER 54:73

REGULATED INDUSTRIES COMMISSION ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

PART I

PRELIMINARY
2. Interpretation.

3. Application of Act.

PART II

THE REGULATED INDUSTRIES COMMISSION
4. Commission established and incorporated.

5. Constitution of Commission.

6. Powers and functions of Commission.

7. Custody and use of Seal.

8. Appointment to office.

9. Temporary appointment.

10. Remuneration of Commissioner.

11. Resignation from office.

12. Personal liability of Commissioners.

13. Declaration of interest.

14. Limitation on subsequent employment.

15. Executive Director.

16. Deputy Executive Director, Secretary and Assistant Executive
Directors.

17. Application of section 13.

18. Appointment of Staff.

19. Transfer on secondment.

20. Transfer of officers of Government to the Commission.

21. Pension rights and scheme.

22. Employment of persons for specific tasks.

23. Meetings of the Commission.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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ARRANGEMENT OF SECTIONS—Continued

SECTION

24. Consumer Service Committees.

25. Other committees.

26. Remuneration of committee members.

27. Commission to defray expenses of committees.

PART III

MANAGEMENT AND FINANCE
28. Commission to prepare budget.

29. Funds and resources of the Commission.

30. Financial power of the Commission.

31. Exemption from tax.

32. Application of funds.

33. Commission may make rules.

34. Accounts, audit and annual report.

35. Bad debts.

36. Financial year.

PART IV

LICENCES
37. Licence required.

38. Minister may grant licence.

39. Applications generally.

40. Provisions of licences.

41. Review of refused application.

42. Variation of licence.

43. Minister may suspend or cancel licence.

44. Minister shall amend First Schedule.

45. Appeals.

46. Licences open to public scrutiny.

PART V

RATES AND TARIFFS
47. Adherence to tariffs.

48. Periodic reviews by Commission.

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SECTION

49. Review of principles.

50. Determination by Commission.

51. Rate deemed approved.

52. Special contracts.

PART VI

COMPLAINTS AND REVIEW
53. Review of complaints.

54. Joint review.

55. Non-discontinuance of service.

PART VII

RESEARCH AND INQUIRIES
56. Research.

57. Service provider to furnish reports, etc.

58. Inspection of books, accounts, etc.

59. Furnishing of information.

60. Making false returns.

PART VIII

MISCELLANEOUS AND GENERAL
61. Service provider to give notice of discontinuance.

62. Confidentiality.

63. Commissioners not disqualified by liability to rates.

64. Evidence of documents.

65. Penalty for obstructing execution of Act.

66. General penalty.

67. Regulations.

68. Transitional arrangements.

FIRST SCHEDULE.

SECOND SCHEDULE.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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26 of 1998.

Commencement.
[109/2000].

Short title.

Interpretation.

Ch. 81:13.

Ch. 81:13.

CHAPTER 54:73

REGULATED INDUSTRIES COMMISSION ACT

An Act to provide for a Regulated Industries Commission to
perform certain functions respecting service providers;
for the licensing of service providers and to make
consequential amendments to related Acts.

[1ST JUNE 2000]

1. This Act may be cited as the Regulated Industries
Commission Act.

PART I

PRELIMINARY

2. In this Act—
“Assistant Executive Director” means an Assistant Executive

Director appointed under section 16;
“Chairman” means the Commissioner appointed as such under

section 5;
“Commission” means the Regulated Industries Commission

established by section 4;
“Commissioner” means a member of the Commission and

includes an alternate member;
“compensation” includes gain or reward;
“Deputy Executive Director” means the Deputy Executive

Director appointed under section 16;
“Executive Director” means the Executive Director appointed

under section 15;
“Fair Trading Commission” means the Fair Trading Commission

established under the Fair Trading Act;
“Fair Trading Tribunal” means the Fair Trading Tribunal

established under the Fair Trading Act;
“licence” means a licence granted under section 38 unless the

context otherwise requires;

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Ch. 25:04.

Ch. 81:01.

First Schedule.

Second
Schedule.

“licensee” means an entity to whom a licence has been granted;

“Minister” means the Minister to whom responsibility for matters
affecting the Regulated Industries Commission is assigned
except as otherwise provided in this Act;

“municipal corporation” means a Corporation within the
meaning of the Municipal Corporations Act;

“principle” means the formula, method or framework for
determining a rate for a service;

“rate” means every rate, fare, toll, charge, rental or other
compensation or payment whatsoever for services;

“rate base” means the sum value of—
(a) plant used and useful in providing a service;
(b) construction work in progress directly related to

providing a service;
(c) an allowance for working capital to meet current

expenses and contingencies; and
(d) average annual interest charged in respect of

construction work in progress,

less accumulated depreciation, unless otherwise specified in
a licence;

“Secretary” means the Secretary appointed under section 16;

“service provider” means any entity, including a statutory
authority or a company incorporated under the Companies
Act, listed in the First Schedule and licensed to provide a
service listed in the Second Schedule;

“service”, unless where the context otherwise requires, means a
service specified in the Second Schedule and includes the
supplying or furnishing of any commodity derived directly
from the activities in which a service provider is engaged,
but does not include any other activity of the service
provider;

“statutory authority” means a municipal corporation and any
commission, board, committee, council or similar body
whether corporate or unincorporated, established by or
under a public general statute.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Application of
Act.

Commission
established and
incorporated.

Constitution of
Commission.

Powers and
functions of
Commission.

3. This Act shall be read and construed as applying to a
service provider notwithstanding any general or special power or
authority vested in such service provider by any written law or by
virtue of the incorporation of the service provider.

PART II

THE REGULATED INDUSTRIES COMMISSION

ESTABLISHMENT OF COMMISSION

4. There is hereby established for the purpose of exercising
and performing such duties as are conferred upon it by this Act
and by any other written law, a body corporate to be known as the
Regulated Industries Commission.

5. (1) The Commission shall consist of not less than five
nor more than seven members designated Commissioners who
shall be appointed by the President from among persons
appearing to him to be qualified by reason of training and
extensive experience in economics, finance, engineering, law,
business, human resource management or public administration.

(2) The President may appoint any two Commissioners
to be Chairman and Deputy Chairman.

(3) The President shall appoint one or more
Commissioners to be members of the Fair Trading Commission.

6. (1) The Commission may have and exercise such
functions, powers and duties as are imposed on it by this Act and
in particular—

(a) advise the Minister on matters relating to the
operation of this Act including the granting of
licences;

(b) administer such matters as are required
consequent upon the granting of licences;

(c) ensure, as far as is reasonably practicable, that
the service provided by a service provider
operating under prudent and efficient

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management will be on terms that will allow the
service provider to earn sufficient return to
finance necessary investment;

(d) carry out studies of efficiency and economy of
operation and of performance by service
providers and publish the results thereof;

(e) prescribe and publish in the Gazette and in at
least one daily newspaper circulating in
Trinidad and Tobago, standards for services;

(f) monitor service providers and conduct checks to
determine their compliance with the standards
referred to in paragraph (e);

(g) impose such sanctions as it may prescribe for
non-compliance with the standards referred
to in paragraph (e) and any conditions
attaching to a licence;

(h) establish the principles and methodologies
by which service providers determine rates
for services;

(i) monitor rates charged by service providers to
ensure compliance with the principles
established under paragraph (h);

(j) carry out periodic reviews of the rating regimes
of service providers;

(k) facilitate competition between service providers
where competition is possible and desirable;

(l) investigate complaints by consumers, of their
failure to obtain redress from service providers
in respect of rates, billings and unsatisfactory
service and facilitate relief where necessary;

(m) impose and collect fees for licences; and
(n) do all such things as may be necessary or

expedient for the proper performance of
its functions.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Custody and use
of Seal.

Appointment
to office.

(2) In the performance of its functions under subsections
(1)(e), (g), (h) and (j), the Commission shall consult with service
providers and representatives of consumer interest groups and
any other parties it considers as having an interest in the matters
before it.

(3) In the performance of its functions, the Commission
shall have regard to the public interest and in particular—

(a) to maximum efficiency in the use and allocation
of resources to ensure as far as is reasonably
practicable, that services are reliable and
provided at the lowest possible cost;

(b) to equal access by consumers to service;
(c) to fair treatment of consumers and of service

providers similarly placed;
(d) in respect of consumers similarly placed, to non-

discrimination in relation to access, pricing and
quality service;

(e) current national environmental policy.

7. (1) The Seal of the Commission shall be kept in the
custody of the Secretary and may be affixed to an instrument
pursuant to a resolution of the Commission in the presence of the
Chairman or Deputy Chairman and of one other Commissioner
and of the Secretary.

(2) The Seal of the Commission shall be attested by the
signatures of the Chairman or Deputy Chairman and the Secretary.

(3) All decisions of the Commission and all documents
other than those required by law to be under Seal may be signified
under the hand of the Executive Director and the Secretary.

TENURE OF OFFICE

8. (1) Appointment to the office of Commissioner shall be
for such period being not more than five years at any one time, as
the President shall specify at the time of the appointment, but
appointments of the Commissioners shall not all expire at the
same time.

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Temporary
appointment.

(2) The President may terminate the appointment of a
Commissioner or a person appointed under section 9(1) where
the Commissioner or other person—

(a) becomes of unsound mind or incapable of
carrying out his duties;

(b) becomes bankrupt or compounds with his
creditors;

(c) is convicted of any offence which brings the
office of Commissioner into disrepute;

(d) is guilty of misconduct in relation to his duties;
(e) is absent, except on leave granted by the

Commission, from all meetings of the
Commission held during two consecutive
months or during any three months in any
period of twelve months; or

(f) fails to carry out any of the duties or functions
conferred or imposed on him under this Act.

(3) The appointment of any person as Commissioner
and the termination of office of any person as Commissioner
whether by death, resignation, revocation, effluxion of time or
otherwise, shall be notified in the Gazette.

(4) Every Commissioner appointed under this section
shall make and subscribe to an oath before the President that he
will faithfully and to the best of his ability, discharge the trust and
perform the duties devolving upon him as Commissioner.

9. (1) Where a Commissioner is unable to act by reason of
illness or other cause, the President may appoint a person to act
as a Commissioner in his stead for that occasion or until the
termination of the disability.

(2) The President may fix the remuneration of a person
appointed pursuant to subsection (1), and any person so
appointed may complete any unfinished business of the
Commission in which he has taken part notwithstanding the
resumption of duty of the Commissioner in whose place he was
appointed under this section.

UNOFFICIAL VERSION


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Remuneration
of
Commissioner.

Resignation
from office.

Personal
liability of
Commissioners.

Declaration of
interest.

(3) Section 8(3) applies mutatis mutandis to a person
appointed under subsection (1).

10. (1) A Commissioner shall, in respect of his office, be paid
such remuneration and allowances as the President may determine.

(2) The remuneration and allowances of a
Commissioner shall not be reduced during his term of office.

11. (1) The Chairman or Deputy Chairman may at any time
resign his office as Chairman or Deputy Chairman or as a
Commissioner or both, by instrument addressed to the President
and forwarded through the Minister.

(2) A Commissioner may at any time resign his office
by instrument in writing addressed to the Chairman who shall
forthwith cause it to be forwarded to the Minister to be submitted
to the President.

12. (1) No personal liability shall attach to any
Commissioner for—

(a) any act or omission of the Commission; or
(b) anything done or permitted in good faith in the

course of the operations of the Commission
under this Act.

(2) Any sums of money, damage or costs recovered
against the Commission or any Commissioner for anything done,
omitted or permitted in good faith in the course of the operations
of the Commission under this Act shall be paid out of the funds
of the Commission.

13. (1) A Commissioner who is in any way, whether directly
or indirectly, interested in a contract or proposed contract with or
in any other matter concerning a service provider shall, as soon
as possible after the relevant facts have come to his knowledge,
disclose the nature of his interest.

(2) A disclosure under subsection (1) shall be recorded
in the minutes of the Commission, and the Commissioner—

(a) shall not take part after the disclosure in any
deliberation or decision of the Commission with
respect to that contract; and

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Limitation on
subsequent
employment.

Executive
Director.

(b) shall be disregarded for the purpose of
constituting a quorum of the Commission.

(3) This section does not apply to an interest in any
matter relating to the terms on which the right to participate in
any service is offered to the public.

(4) For the purposes of this section, a person who or any
nominee or relative of whom is a shareholder or partner in a
company or other body of persons other than a statutory authority
or who is an employee thereof shall be treated as having
indirectly, a pecuniary interest in a contract or proposed contract
or other matter where the company or such other body of persons
is a party to the contract or proposed contract or has a pecuniary
interest in such other matter under consideration.

(5) A Commissioner who fails to comply with the
provisions of this section is liable on summary conviction to a
fine of twenty-five thousand dollars, unless he proves that he did
not know that the contract, proposed contract or other matter in
which he had a pecuniary interest was the subject of
consideration at the meeting.

(6) In subsection (4) “relative” means spouse, common-law
spouse, father, mother, brother, sister, son or daughter of a person and
includes the spouse of a son or daughter of such person.

14. No Commissioner or former Commissioner shall accept
employment or enter into a contract of service with a service provider
until the expiry of two years from the termination of his appointment
whether by signature, revocation, effluxion of time or otherwise.

OFFICES OF THE COMMISSION

15. (1) The Commission shall appoint for a term not
exceeding five years on such terms and conditions as the Minister
may determine, an Executive Director who shall be the Chief
Executive Officer of the Commission.

(2) The Executive Director—
(a) shall be responsible for the supervision over and

direction of the work and staff of the
Commission respectively; and

UNOFFICIAL VERSION


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Deputy
Executive
Director,
Secretary and
Assistant
Executive
Directors.

Application of
section 13.

(b) shall attend all meetings of the Commission and
take part in its deliberations, but he shall have
no right to vote.

(3) The appointment of the Executive Director and the
termination of his appointment, whether by death, resignation or
otherwise, shall be published in the Gazette.

16. (1) The Commission shall appoint—
(a) a Deputy Executive Director who shall—

(i) perform the duties of the Executive Director
during a vacancy in that office or when the
Executive Director is unable to act by the
reason of illness or other cause; and

(ii) be the immediate Supervisor of the
Assistant Executive Director referred to
in subsection (c);

(b) a Secretary; and
(c) such number of Assistant Executive Directors

on such terms and conditions as it thinks fit and
subject to such maximum limit of remuneration
as the Minister may determine.

(2) Notwithstanding subsection (1)(a)(ii), the Secretary
and the Assistant Executive Directors shall be responsible for
such matters as the Executive Director with the approval of the
Commission, may assign to them.

(3) Where the Deputy Executive Director acts in
accordance with this section he—

(a) has and may exercise all the powers of the
Executive Director;

(b) shall perform all of the functions and receive the
same remuneration as the Executive Director.

17. Section 13 applies mutatis mutandis to the Executive
Director, Deputy Executive Director and the Assistant
Executive Directors.

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UPDATED TO DECEMBER 31ST 2014

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Appointment
of Staff.

Transfer on
secondment.

Transfer of
officers of
Government
to the
Commission.

Pension rights
and scheme.

Ch. 23:52.

STAFF AND RELATED MATTERS

18. The Commission may appoint on such terms and
conditions as it thinks fit and subject to such maximum limit of
remuneration as the Minister may determine, employees as it
considers necessary for the due and efficient exercise and
performance of its functions under this Act.

19. (1) Subject to subsection (2) and to the approval of the
Commission, the appropriate Service Commission and the
officer, any officer in the public service may be transferred on
secondment to the service of the Commission or from the service
of the Commission to the public service.

(2) Where a transfer on secondment referred to in
subsection (1) is effected, arrangements shall be made to
preserve the rights of the officer so transferred to any pension,
gratuity or other allowance for which he would have been
eligible had he remained in the service of the Government or of
the Commission, as the case may be.

(3) A period of transfer on secondment shall not in any
case exceed three years.

20. (1) Subject to the approval of the Commission, the
appropriate Service Commission and the officer, an officer in the
public service may be transferred to the service of the Commission
and upon such transfer shall become a member of any pension
scheme operated for the benefit of employees of the Commission.

(2) A transfer referred to in subsection (1) shall be on
such terms that the pension or superannuation rights accruing to
the officer at the time of his transfer shall be preserved.

21. (1) The Commission shall provide for the establishment
and maintenance of a pension scheme or arrange for membership
in a scheme for its employees upon terms to be agreed upon
between the Commission and the recognised representative
association or trade union.

(2) Notwithstanding the provisions of the Pensions Act
and subject to subsection (1), an officer who transfers to the



UNOFFICIAL VERSION


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Employment of
persons for
specific tasks.

Meetings of the
Commission.

Commission shall be treated, in respect of his pension and death
benefits, as if he had not so transferred.

(3) Without prejudice to subsection (1), the Commission
may, under a pension scheme—

(a) establish contributory superannuation schemes
and establish and contribute to superannuation
funds for the benefit of its employees;

(b) grant gratuities, pensions or superannuation
allowances to the surviving spouse, families or
dependants of its employees;

(c) enter into and carry into effect, arrangements
with any insurance company or other
association or company for securing for any
employee or surviving spouse or dependant,
such gratuities, pensions or allowances
authorised by this section;

(d) give donations or subscriptions to charitable
institutions, benevolent funds and other objects
calculated to benefit its employees.

22. (1) The Commission may employ on such terms and
conditions as it thinks fit and subject to such maximum limits of
remuneration as the Minister may determine, persons to perform
specific tasks that the Commission considers necessary for the
due performance of its functions under this Act.

(2) Section 13(1) and (2) applies mutatis mutandis to
persons appointed under subsection (1).

PROCEDURE

23. (1) The Commission shall meet at such times as may be
necessary or expedient for the transaction of business and in any
case not less than once a month at such place and time and on
such days as the Commission may determine.

(2) The Commission may by way of rules or resolutions
regulate its own procedure for the conduct of its business.

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Consumer
Service
Committees.

(3) Minutes of each meeting shall be kept in the proper
form by the Secretary and shall be confirmed at a subsequent
meeting of the Commission.

(4) Certified copies of the minutes referred to in
subsection (3), when confirmed pursuant to that subsection shall
be forwarded to the Minister.

(5) The Chairman may at any time in his discretion or at
the request of at least two other Commissioners call a special
meeting of the Commission.

(6) The quorum at any meeting of the Commission shall
be a majority of the members.

COMMITTEES

24. (1) The Minister may, after consultation with consumer
interest groups, appoint such consumer service committees as the
Minister sees fit.

(2) A Consumer Service Committee shall consist of—
(a) a Chairman who shall not be a Commissioner;
(b) one member nominated by the Chief Secretary

of the Tobago House of Assembly; and
(c) three members drawn from throughout Trinidad

and Tobago to represent consumer interests
except that they shall not be public officers or
employees of service providers or the
Commission.

(3) Appointment to a Consumer Service Committee
shall be for a term not exceeding three years with eligibility for
reappointment.

(4) A Consumer Service Committee shall—
(a) meet as often as the Commission decides;
(b) regulate its own procedure; and
(c) submit to the Commission, minutes and reports

at such time and in such form as the
Commission may require.

UNOFFICIAL VERSION


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Other
committees.

Remuneration
of committee
members.

Commission to
defray expenses
of committees.

(5) The functions of a Consumer Service Committee
shall consist of, but not be limited to—

(a) advising the Commission on matters relating to
the type, level and quality of service provided
by service providers;

(b) assisting in ensuring that service providers
implement adequate complaint procedures for
the speedy and appropriate resolution of
complaints made by consumers;

(c) participating, on request, in proceedings of the
Commission where the terms and conditions of
licences or the bases of tariffs or rates charged
by a service provider are being considered;

(d) attending to such other matters as may be assigned
to it from time to time by the Commission.

25. (1) The Commission may appoint committees other than
those referred to in section 24 to examine and report to it on any
matter whatsoever arising out of or connected with any of its
functions under this Act.

(2) A committee appointed under this section shall
consist of at least one Commissioner and such other persons
whose assistance or advice the Commission may require.

(3) In relation to the service in respect of which it is
appointed, a committee appointed under this section shall have
and exercise such of the powers of the Commission under this
Act as are specified in the terms of reference of the committee.

(4) The Commission is not bound by any report
submitted to it by any committee appointed under this section
and the Commission may reject or adopt a report wholly or partly
or with such modifications, additions or adaptations as the
Commission thinks fit.

26. The Commission may pay to any person appointed to a
Committee referred to in sections 24 and 25, such remuneration,
honoraria and expenses as the Minister may determine.

27. The Commission shall defray the expenses of any
committee which may be appointed under sections 24 and 25.

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Commission to
prepare budget.

Funds and
resources of the
Commission.

Financial power
of the
Commission.

PART III

MANAGEMENT AND FINANCE

28. (1) Not later than twenty-eight days prior to the start of each
financial year, the Commission shall submit to the Minister—

(a) a budget showing planned expenses and
revenues of the Commission;

(b) a statement outlining the objectives and planned
activities of the Commission for the coming
financial year.

(2) Before the start of the financial year, the Minister
shall cause the budget and statement referred to in subsection (1)
to be laid before Parliament and if Parliament is not then in
session, within twenty-eight days of the commencement of its
next session.

29. The funds and resources of the Commission shall consist
of such amounts as may be received by the Commission in
respect of—

(a) amounts as may be appropriated by Parliament
until the Commission attains self-sufficiency
from the cess referred to in section 30;

(b) such amounts collected by way of the cess;
(c) fees for licences;
(d) all sums received by or falling due to the

Commission as fees;
(e) all other sums or property that may in any

manner become lawfully payable to or vested in
the Commission in respect of any matters
incidental to its functions.

30. (1) Subject to the approval of the Minister and subsections
(2) and (3), the Commission may impose upon service providers, a
cess on rates and charges collected by the service providers.

(2) No cess imposed under subsection (1) shall be of any
effect unless and until approved by the Minister by Order.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Exemption from
tax.

Application of
funds.

Commission
may make rules.

(3) For the purposes of this section, the Minister—
(a) shall satisfy himself that the cess is fair and

reasonable having regard to the needs of the
Commission; and

(b) may have the cess assessed by the Auditor
General or by an auditor authorised by the
Auditor General for the purpose referred to in
paragraph (a).

(4) The cess payable shall be—
(a) based proportionately, on the gross earnings of

the service provider for the preceding calendar
year or any part thereof; and

(b) paid to the Commission within one month of the
service provider being notified by the
Commission of the amount payable.

31. The Commission is exempt from all stamp duty, taxes,
duties, customs duties, levies and other imposts on its income or
profit or on assets which it acquires for its own use.

32. The funds of the Commission are to be applied in
defraying—

(a) the remuneration, fees and allowances of
Commissioners;

(b) the salaries, fees, allowances, and other
payments due to the staff of the Commission;

(c) operating expenses, including rent, purchase of
goods and services, maintenance and insurance
of any property of the Commission;

(d) capital expenses including purchase of
equipment; and

(e) any other expenditure authorised by the
Commission in the discharge of its duties,
functions and contractual obligations.

33. The Commission may, with the prior approval of the Minister
with responsibility for finance, make rules for the proper control of the
system of accounting and the finances of the Commission.

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Accounts, audit
and annual
report.

Bad debts.

Financial year.

Licence
required.
Second
Schedule.

34. (1) The Commission shall—
(a) keep proper accounts and records in respect of

its transactions and affairs; and
(b) in respect of each financial year, prepare a

financial statement in a form which reflects its
income, expenditure, assets and liabilities in
accordance with accepted accounting principles.

(2) The accounts of the Commission shall be audited
annually by the Auditor General or by an auditor authorised by
him for such purpose.

(3) The Commission shall, not later than six months
after the end of the preceding financial year, submit to the
Minister in respect of the preceding financial year—

(a) a copy of the audited statement of accounts; and
(b) an annual report in respect of the preceding year.

(4) The Minister shall cause a copy of the annual report
and of the audited statement to be laid before Parliament within
twenty-eight days of his receipt of the report and if Parliament is
not then in session, within twenty-eight days of the
commencement of its next session.

(5) The annual report shall be made available to the
public as soon as possible after it is laid in Parliament pursuant to
subsection (4).

35. The Commission shall not write-off bad debts except with the
prior written approval of the Minister with responsibility for finance.

36. (1) The financial year of the Commission shall be that
determined by the Minister with responsibility for finance.

(2) Notwithstanding subsection (1) the Commission
may, with the approval of the Minister with responsibility for
finance, vary its financial year.

PART IV

LICENCES

37. (1) In relation to any service listed in the Second Schedule,
no entity shall render a service to or for the use of any other person or
service provider except with the authority of a licence.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Minister may
grant licence.

Applications
generally.

(2) The Minister may by Order amend the Second
Schedule except that he shall not add a service to the Schedule
unless he has consulted with the Commission and he is satisfied
that it would be in the public interest to so add and that—

(a) the market for the service is not competitive; and
(b) the benefits to the economy of regulating the

provision of the service would outweigh the
costs of such regulation.

38. (1) Subject to subsection (2), the Minister may—
(a) on the payment of such fee as may be

prescribed; and
(b) on receipt of an application in the prescribed form,

grant to the applicant, a licence in the prescribed form for the
provision of a service.

(2) Notwithstanding subsection (1), the Minister shall
not grant to a service provider, a licence unless he receives the
advice of the Commission and is satisfied that it would be in the
public interest to so grant.

(3) Notwithstanding this Part, the Minister may grant an
exemption from the requirements of this Act or any provision
thereof where—

(a) he is of the opinion that such an exemption will
promote competition; and

(b) he is satisfied that exemption will not conflict
with a licence issued under subsection (2).

39. (1) An application referred to in section 38(1)(b)
including an application for the exclusive provision of a service
shall be forwarded by the Minister to the Commission which
shall, subject to subsection (2), advise the Minister on the
application within sixty days of the Commission’s receipt of all
information that it may require for such advice.

(2) On its receipt of an application referred to in
subsection (1), the Commission shall cause to be published in the
Gazette and in at least one daily newspaper circulating in
Trinidad and Tobago, a notice to the effect that it had received
and was reviewing the application.

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First Schedule.

Provisions of
licences.

(3) A notice published pursuant to subsection (2) shall
state the time which shall not be less than twenty-eight days from
the date of publication of the notice, within which any comments
on or objection to the application may be submitted to the
Commission and the Commission shall consider the objection
prior to making its recommendations to the Minister.

(4) The Minister is not bound to accept the advice or any part
thereof rendered by the Commission in accordance with this section.

(5) On granting a licence, the Minister shall cause to be
published in the Gazette and at least one daily newspaper
circulating in Trinidad and Tobago, a notice to that effect and
amend the First Schedule by adding thereto the name of the
concerned entity.

40. (1) A licence issued in accordance with this Part—
(a) shall contain provisions setting out—

(i) the term of the licence;
(ii) the service governed by the licence;

(iii) licence fees and cess;
(iv) the procedure for enforcement of the

terms and conditions of the licence;
(v) the procedures, principles, and

mechanisms relating to compensation of
the service provider;

(vi) entities to be employed for resolution of
disputes between the service provider and
the Commission or the Minister;

(b) may contain provisions setting out—
(i)(a)(vii) the principles by which the maximum

rates for the service, are determined;
(i) the minimum quality and service

standards applicable to the service;
(a)(ix) arrangements for continuity of the service

in the event of default or bankruptcy of
the licensee;

(viii) procedure for variation of the licence;



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Review of
refused
application.

Variation of
licence.

(iii) rules concerning interconnection with
other entities;

(iv) rules promoting or limiting competition in
the provision of the service;

(v) any other matter relevant to the supply of
the service which, in the opinion of the
Minister, should be included in the
licence in the public interest.

(2) Notwithstanding this Act or any other written law,
where a licence makes provision for any of the matters listed in
subsection (1), the provision shall be effective and binding.

41. Where an application for a licence is refused by the
Minister he—

(a) shall notify the applicant and afford the
applicant a period of four weeks after the date of
refusal, to make representation to the Minister;
and

(b) may, having regard to the representation, grant
the application subject to such terms and
conditions as he thinks necessary.

42. (1) Subject to this section, the Minister may by
instrument in writing, vary the duration of a licence or any
condition for the time attached to the licence.

(2) The Minister shall not vary a licence except—
(a) by agreement between the licensee and the

Minister; or
(b) where, in the opinion of the Minister, new

circumstances have arisen which make it
necessary to vary the licence in the public interest.

(3) Any compensation for a variation made pursuant to
subsection (2)(b) shall be determined by the Fair Trading Commission.

(4) Before the Minister varies a licence pursuant to
subsection (2)(b), he shall—

(a) cause to be published in the Gazette and at least
one daily newspaper circulating in Trinidad and

24 Chap. 54:73 Regulated Industries Commission

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Minister may
suspend or
cancel licence.

Minister shall
amend First
Schedule.

Appeals.

Tobago, a notice of his intention to so vary and
supply reasons for the proposed variation; and

(b) allow a period of twenty-eight days after the
date of publication in the Gazette during which
representation may be made to the Minister in
respect of proposed variation.

(5) Where a licence is varied pursuant to subsection
(2)(b), the Minister shall cause to be published in the Gazette, a
statement to that effect, with reasons.

43. (1) Subject to this section, the Minister after
consultation with the Commission may suspend or cancel a
licence for sufficient reason.

(2) The Minister shall, before exercising the power of
suspension or cancellation conferred on him by this section—

(a) cause the Commission to serve on the relevant
service provider, a written notice to the effect that—

(i) he is considering exercising the power
and setting out the ground on which it
may be exercised;

(ii) the service provider may within thirty
days of the date on which the notice was
served, make written representation to the
Commission; and

(b) take into consideration any representation made
to the Commission under paragraph (a)(ii).

(3) During the period that the Minister is considering
exercising his power to suspend or cancel a licence, the service
provider shall continue to provide the related service in
accordance with the terms of its licence.

44. Where a licence is suspended or cancelled under this Act,
the Minister shall amend the First Schedule by deleting
therefrom, the name of the service provider.

45. (1) An appeal by any party who is aggrieved by a
decision of the Commission or the Minister shall be made to the
Fair Trading Tribunal.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Licences open
to public
scrutiny.

Adherence to
tariffs.

Periodic reviews
by Commission.

Review of
principles.

(2) The provisions of the Fair Trading Act relating to—
(a) the procedure and jurisdiction of the Tribunal;
(b) notices of appeal to the Fair Trading Tribunal;
(c) hearing and determination of appeals; and
(d) appeal from a decision of the Fair Trading

Tribunal,

shall apply mutatis mutandis, to appeals referred to in subsection (1).

46. Licences shall be available for public scrutiny at the
office of the Commission and may be reproduced by the
Commission at the request of any member of the public on
payment of a prescribed fee.

PART V

RATES AND TARIFFS

47. Subject to this Part, a service provider shall not, in
respect of any service it provides directly or indirectly, demand
or receive a rate greater than—

(a) the maximum rates permitted—
(i) under the principles established by

Regulations made under this Act; or
(ii) by a licence; or

(b) any other rate determined by the Commission in
accordance with this Act.

48. The Commission shall review the principles for
determining rates and charges for services every five years or,
where the licence issued to the service provider prescribes
otherwise, at such shorter interval as it may determine.

49. (1) Notwithstanding section 48, where it is the opinion
of a service provider that there has been such a fundamental
change in circumstances as to warrant a review of the principle
for determining rates for the service which it provides, it may
give written notice to the Commission requesting a review of the
principle except that it may not request a review more than once
in any year.

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Determination
by Commission.

(2) A notice given under subsection (1) shall—
(a) state—

(i) the existing duly established rate or
formula;

(ii) the proposed new rate or formula;
(iii) the justification for the review of the

principle;
(iv) the date from which the service provider

proposes that the new rate or formula, as
the case may be, should take effect; and

(v) any other particulars which the
Commission may from time to time
specify; and

(b) be published in the Gazette and at least one daily
newspaper in circulation in Trinidad and Tobago.

(3) The justification referred to in subsection (2)(a)(iii)
shall set out, inter alia—

(a) projected revenues as against projected
expenditure and reasons for any significant
changes thereof; and

(b) the results of any actions taken by the service
provider to meet the projections of any
preceding review.

(4) The Commission shall consult with the parties
referred to in section 6(2) not later than three months after its
receipt of the notice referred to in subsection (1).

(5) Where the Commission is of the opinion that the rates
proposed by the service provider do not accord with any principle
established pursuant to section 6(1)(h), the Commission shall notify
the service provider in writing that a review is not warranted.

50. (1) The Commission may, after the consultations
referred to in section 49(4), determine the matter by modifying
the existing principle or establishing a new principle and it is a
condition of every licence that the licensee shall accept the
determination of the Commission.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Rate deemed
approved.

Special
contracts.

Review of
complaints.

(2) The period between the date of the notice referred to
in section 49(1) and a determination by the Commission under
subsection (1) shall not exceed six months.

51. If on the expiration of the period for the determination
referred to in section 50(2), the Commission has failed to make
the determination in accordance with section 50(1), the proposed
new rate or formula referred to in section 49(2)(a)(ii) is deemed
to be the new rate or formula, as the case may be, determined by
the Commission.

52. (1) Every contract or agreement made after the
commencement of this Act by a service provider with any
consumer for the supply of a service designed to meet the
requirements of the consumer that is not included in an existing
tariff shall be registered with the Commission and shall be open
for public inspection at the offices of the Commission at the
discretion of the Commission.

(2) It is a condition of every licence that the licensee
shall comply with subsection (1).

PART VI

COMPLAINTS AND REVIEW

53. (1) Subject to this section, the Commission may on its
own motion or in consequence of a complaint made by any
person in respect of—

(a) the rate charged for a service;
(b) a disputed billing for a service; and
(c) the standard or conditions of supply of a service,

review such complaint or any other matter related to its powers,
duties or functions under this Act and where it thinks fit, consult
with the parties concerned.

(2) Every complaint shall be in writing and may be
made by the complainant in person or by his Attorney-at-law or
by any person authorised by him in writing in that behalf.

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Joint review.

Non-
discontinuance
of service.

Research.

Service provider
to furnish
reports, etc.

(3) A complaint to the Commission against the rate
referred in subsection (1)(a) shall be on the ground that the rate
is contrary to law or the provisions of a licence.

(4) A complaint against the standard or conditions of
supply of a service shall be entertained by the Commission only
where the complainant satisfies the Commission that he has
failed to obtain reasonable redress from the service provider.

54. Nothing in Part V or in this Part shall be construed as
precluding the Commission from dealing at the same time with
an application for a review referred to in section 49 and a related
complaint made under section 53(1).

55. It is a condition of every licence that a licensee shall not
discontinue service to a consumer where, in respect of the service
provided to the consumer, a complaint made under section 53
remains unresolved.

PART VII

RESEARCH AND INQUIRIES

56. (1) For the purposes of this Part, the Commission shall
establish an office for research which shall—

(a) collect and compile any information which may
be of assistance to the Commission in the
exercise of its functions under this Act;

(b) conduct the reviews referred to in sections 48
and 49;

(c) keep information referred to in paragraph (a)
up-to-date; and

(d) monitor service providers for compliance with
the provisions of this Act.

(2) Information collected and compiled and the results of
the research carried out under this section shall be furnished upon
written request to any person upon payment of the prescribed fee.

57. It is a condition of every licence that the Chairman or the
Chief Executive Officer of a service provider or any other person
so authorised by the Chairman or the Chief Executive Officer shall, on

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Inspection of
books, accounts,
etc.

Furnishing of
information.

Making false
returns.

being requested by the Commission so to do furnish to the
Commission at such time and in such form as the Commission
may require—

(a) all tabulations, computations and all other
information required by the Commission to
carry into effect any provision of this Act;

(b) all annual reports.

58. It is a condition of every licence that—
(a) a service provider shall allow a Commissioner

or any officer or other person authorised by the
Commission to inspect the accounts, books,
papers, records and documents of the service
provider at any reasonable time;

(b) any authorised representative of the
Commission shall, upon presentation of his
official identification, be allowed entry into the
premises of a service provider for any of the
purposes of this Act.

59. It is a condition of every licence that—
(a) any return of information required to be

furnished to the Commission;
(b) any answer to any question submitted by the

Commission; and
(c) any information required by the Commission

which is in the possession or control of a service
provider,

shall be prepared and furnished to the Commission within the
time and in the manner and form and with such particulars and
certification as are required by this Act.

60. Any person who wilfully makes any return or furnishes
any information to the Commission which is false is liable to a
fine of fifty thousand dollars.

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Service provider
to give notice of
discontinuance.

Confidentiality.

Commissioners
not disqualified
by liability to
rates.

Evidence of
documents.

Penalty for
obstructing
execution of
Act.

PART VIII

MISCELLANEOUS AND GENERAL

61. Subject to section 55, a service provider shall, before
discontinuing service to a consumer, give to the consumer notice
in writing of its intention to discontinue the service stating the
reason for the proposed discontinuance and the date when the
discontinuance is to be effected except that the service provider
shall not effect discontinuance before thirty calendar days from
the date of the notice have elapsed.

62. The Commission and every person concerned with the
administration of this Act shall regard as secret and confidential,
all documents, information or matters disclosed in the
administration of this Act except that disclosures—

(a) made by the Commission or any other person in
a review under Part VI of this Act;

(b) which the Commission considers necessary in
the discharge of its functions,

shall not be deemed inconsistent with any duty imposed under
this section.

63. A Commissioner shall not be disqualified from acting in
any matter arising under this Act by reason only of his being one
of several ratepayers, or as one of any other class of persons
liable in common with the others to contribute to, or be benefitted
by any rate or fund out of which any expenses of the service
provider concerned are to be defrayed.

64. A copy of any document made by or which is in the custody
of the Commission, certified by the Secretary of the Commission to
be a true copy thereof, shall, in any Court be evidence of the
document without proof of the signature of the Secretary.

65. A person who wilfully obstructs any person acting in the
execution of his duties under this Act or under any Regulations
made thereunder is liable on summary conviction to a fine of fifty
thousand dollars.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

General penalty.

Regulations.

66. A person who contravenes or fails to comply with any of
the provisions of this Act is guilty of an offence and except where
the provision by or under which the offence is created provides
the penalty to be imposed, is liable on summary conviction to a
fine of three hundred thousand dollars and in the case of a
continuing offence, to a further fine of sixty thousand dollars for
each day that the offence continues after conviction.

67. (1) The Minister may, on the advice of the Commission,
make Regulations prescribing—

(a) the procedure for making applications for
licences;

(b) for the issue, suspension and cancellation of
licences;

(c) terms, and conditions of licences generally;
(d) forms and fees.

(2) The Commission may, after consultation with the
relevant service providers and with the approval of the Minister,
make Regulations for the purpose of carrying this Act into effect
and in particular may make Regulations—

(a) setting out the principles on which rates chargeable
by service providers should be based;

(b) for prescribing the procedure for the conduct of
reviews under Parts V and VI of this Act;

(c) establishing and monitoring standards of services;
(d) prescribing forms of accounts and records to be

kept by service providers;
(e) prescribing sanctions for non-compliance with

terms and conditions attaching to licences;
(f) prescribing any matter or thing that is required

by this Act to be prescribed.

(3) Where the Commission makes Regulations under
subsection (2)(a), it shall have regard to—

(a) the funding and ability of the service provider
to perform its functions;

(b) the interest of shareholders of the service provider;

32 Chap. 54:73 Regulated Industries Commission

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Transitional
arrangements.

Ch. 47:30.

Ch. 54:40.

Ch. 54:70.

(c) the ability of consumers to pay rates;
(d) the results of studies of economy and efficiency

effected under section 6(1)(d);
(e) rates charged by competing service providers

for providing an alternative service;
(f) the standard of service being offered by the

service provider;
(g) the rate of inflation in the economy for any

preceding period as may be considered appropriate;
(h) future prospective increases in productivity by

the service provider; and
(i) current national environmental policy.

(4) In pursuance of subsection (3), the Commission
shall have regard to the following matters, inter alia:

(a) replacement capital cost expended;
(b) least-cost operating expenses which may be

incurred;
(c) annual depreciation;
(d) return on the rate base.

(5) Regulations made under this Act may contain
provisions for imposing on any person contravening the
Regulations, a fine recoverable on summary conviction, of one
hundred and fifty thousand dollars in respect of each offence and
in the case of a continuing offence, a further fine of thirty
thousand dollars for each day during which the offence continues
after conviction therefor.

68. (1) Until licences are granted under this Act or
provisions are made under some other written law for the
provision of a service, any entity which immediately before the
commencement of this Act lawfully operated under—

(a) the former Act;
(b) the Trinidad and Tobago Telephone Act;
(c) the Water and Sewerage Act; or
(d) the Trinidad and Tobago Electricity

Commission Act,



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

34 Chap. 54:73 Regulated Industries Commission

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to provide what would under this Act be a service, is deemed to
be licensed for the purposes of this Act and the rates charged by
that entity is deemed to be authorised by this Act until provision
is made therefor under this Act.

(2) In this section, “former Act” means the Public
Utilities Commission Act repealed this Act.

Ch. 54:01.

(Sections 2 and
39).
[4 of 2001].

(Sections 2 and
37).
[4 of 2001].

FIRST SCHEDULE

SERVICE PROVIDERS

1. The Water and Sewerage Authority.

2. The Trinidad and Tobago Electricity Commission.

3. The Power Generation Company of Trinidad and Tobago Limited.

4. InnCogen Limited.

SECOND SCHEDULE

SERVICES

1. Supply of electricity.

2. Distribution of electricity.

3. Supply of water.

4. Distribution of water.

5. Provision of sewerage and waste-water services.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt