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Act” preceding section 14 of the Act is repealed and the following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40 of the Act is repealed and the following is substituted: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Affairs” preceding section 48 of the Act is repealed.
11 Section 48 of the Act is repealed.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.