BILL 53
An Act to Amend the Energy and Utilities Board Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is amended in the French version of the definition « Commission » by adding “du Nouveau-Brunswick” after “des services publics”.
2 Section 2 of the Act is amended by striking out “Where any provision of this Act” and substituting “Except as provided in section 72, where any provision of this Act”.
3 Section 3 of the French version of the Act is amended by adding “du Nouveau-Brunswick” after “des services publics”.
4 The heading “Application of the Public Service Superannuation Act” preceding section 14 of the Act is repealed and the following is substituted:
Pensions and other benefits
5 Section 14 of the Act is amended
(a)  by renumbering the section as subsection 14(1);
(b)  by adding after subsection (1) the following:
14(2) Notwithstanding sections 5 and 6 of the Financial Administration Act, and subject to the approval of the Minister of Human Resources, the Chairperson, Vice-Chairperson and employees of the Board may participate in employee benefit programs established by the Board of Management.
6 Section 23 of the Act is amended
(a)  in subsection (1) by adding after paragraph (b) the following:
(b.1)  the Petroleum Products Pricing Act,
(b)  in subsection (2) of the English version by striking out “be performed” and substituting “to be performed”.
7 Paragraph 27(a) of the English version of the Act is amended by striking out “the Board” and substituting “the Chairperson”.
8 Section 40 of the Act is repealed and the following is substituted:
40(1) The Board may, with respect to any matter before it, make an interim order where it considers it advisable to do so, and may impose such terms and conditions as it considers appropriate.
40(2) The Board may provide directions in the event that the interim order is different from the final order.
40(3) Section 104 of the Electricity Act does not apply to an interim order made by the Board with respect to charges, rates or tolls.
9 Subsection 46(2) of the Act is amended by striking out “2 weeks” and substituting “30 days”.
10 The heading “Notification to the Minister of Justice and Consumer Affairs” preceding section 48 of the Act is repealed.
11 Section 48 of the Act is repealed.
12 Section 51 of the Act is amended
(a)  in subsection (1) in the portion preceding paragraph (a) by striking out “by a public intervener appointed by the Minister of Justice and Consumer Affairs under section 48” and substituting “by the Attorney General under section 49”;
(b)  in subsection (2) by striking out “The Minister of Justice and Consumer Affairs” and substituting “The Attorney General”.
13 Section 53 of the Act is amended in the definition “public utility”
(a)  in paragraph (a) by striking out “production,”;
(b)  in paragraph (b) by striking out “production,”.
14 Subsection 54(3) of the English version of the Act is amended by striking out “under this Part” and substituting “that under this Part”.
15 The heading “Appointments revoked” preceding section 85 of the Act is repealed.
16 Section 85 of the Act is repealed.
EXPLANATORY NOTES
Section 1
A correction is made in the French version.
Section 2
The existing provision is as follows:
2 Where any provision of this Act is inconsistent with any provision of another Act, that other provision prevails to the extent of the inconsistency.
Section 3
A correction is made in the French version.
Section 4
New heading.
Section 5
(a)  Section 14 is renumbered as subsection 14(1).
(b)  New provision.
Section 6
(a)  The Petroleum Products Pricing Act is added to the Board’s list of responsibilities.
(b)  A correction is made in the English version.
Section 7
A correction is made in the English version.
Section 8
The existing provision is as follows:
40 The Board may, instead of making an order final in the first instance, make an interim order and reserve further directions, either for an adjourned hearing of the matter or for further application.
Section 9
The existing provision is as follows:
46(2) The Board shall ensure that a final decision of the Board is published by the Board within 2 weeks after it is made.
Section 10
A heading is deleted.
Section 11
The existing provision is as follows:
48(1) Where the Board is required to hold a hearing under any Act, it shall notify the Minister of Justice and Consumer Affairs of the hearing and shall provide the Minister with copies of relevant material upon the request of the Minister.
48(2) The Minister of Justice and Consumer Affairs may appoint a public intervener to participate for the purposes of any hearing before the Board, and shall determine the mandate of the public intervener when participating in such hearing.
48(3) Where the Minister of Justice and Consumer Affairs appoints a public intervener for a particular matter or hearing, the Board shall grant the intervener standing to participate in such matter or hearing.
48(4) The Lieutenant-Governor in Council may determine the remuneration of the public intervener and may fix the rate for reimbursement of expenses incurred by him or her while acting as an intervener.
Section 12
Consequential amendments.
Section 13
The existing provision is as follows:
“public utility” means (entreprise de service public)
(a)  a person that owns, operates, manages or controls any plant or equipment for the production, transmission, delivery or furnishing of water or natural gas, or that provides such other service as may be prescribed by regulation, either directly or indirectly, to or for the public,
(b)  when specified by regulation, any municipality or rural community that owns, operates, manages or controls any plant or equipment for the production, transmission delivery or furnishing of water or natural gas, either directly or indirectly, to any person outside its own limits, and
(c)  when specified by regulation, a municipal distribution utility as defined in the Electricity Act that generates or distributes electricity. (entreprise de service public)
Section 14
A correction is made in the English version.
Section 15
A heading is deleted.
Section 16
The existing provision is as follows:
85(1) The appointments of all persons who hold office as a member of the Board of Commissioners of Public Utilities, including the Chairman, immediately before the commencement of this section are revoked.
85(2) All contracts, agreements and orders relating to allowances, fees, salaries, expenses, remuneration and compensation to be paid to the members are null and void.
85(3) Notwithstanding the provisions of any contract, agreement or order, no allowance, fee, salary, expenses, remuneration or compensation shall be paid to any member.
85(4) No action, application or other proceeding shall be instituted against Her Majesty in right of the Province as a result of the revocation of appointments under this section.
85(5) Nothing in this section affects the right of any person to any pension to which the person would otherwise be entitled.