BILL 19
An Act to Amend the Electricity Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 10 of the Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003, is amended
(a)  in subsection (1) by striking out “6 months” and substituting “4 months”;
(b)  in subsection (2) by striking out “6 months” and substituting “4 months”.
2 Section 37 of the Act is amended
(a)  by repealing subsection (1) and substituting the following:
37(1) During the period that the Corporation or a subsidiary of the Corporation incorporated pursuant to subsection 4(1) is exempt under subsection 149(1) of the Income Tax Act (Canada) from the payment of tax under that Act, it shall pay to the Finance Corporation in respect of each taxation year an amount in lieu of such tax, calculated in accordance with the regulations.
(b)  by repealing subsection (2) and substituting the following:
37(2) During the period that the Corporation or a subsidiary of the Corporation incorporated pursuant to subsection 4(1) is exempt under subsection 10(1) of the New Brunswick Income Tax Act from the payment of tax under that Act, it shall pay to the Finance Corporation in respect of each taxation year an amount in lieu of such tax, calculated in accordance with the regulations.
3 The Act is amended by adding after section 79 the following:
Calculation of fee payable to leave standard service
79.1(1) The Board may, on its own initiative, hold a hearing for the purposes of inquiring into and determining the methodology and any relevant factors for consideration in the calculation of the fee to leave standard service.
79.1(2) The costs and expenses incurred by the Board under subsection (1) shall be paid by the standard service supplier.
4 Subsection 101(3) of the Act is repealed and the following is substituted:
101(3) The Board shall, when considering an application under this section, base its order or decision respecting the charges, rates and tolls to be charged by the Distribution Corporation on all of the projected revenue requirements for the provision of the services referred to in section 97, including the revenue requirements referred to in section 143.1.
5 Subsection 111(3) of the Act is repealed and the following is substituted:
111(3) When an application is made under this section for approval of a tariff pertaining to transmission services, a transmitter shall attend the hearing under section 123 for the purposes of defending its revenue requirements, and is deemed to be a party in the proceedings before the Board.
6 Subsection 142(2) of the Act is repealed and the following is substituted:
142(2) A person to whom this section applies shall, in accordance with the regulations, ensure that a portion of the electricity that it obtains is from renewable resources.
7 The Act is amended by adding after section 143 the following:
Refurbishment of the Point Lepreau nuclear generating station
143.1(1) The following definitions apply in this section.
“project” means the project to refurbish the Point Lepreau nuclear generating station. (projet)
“out of service period” means the period of time beginning when the Point Lepreau nuclear generating station is out of service due to the project until such time that the station returns to normal service. (période d’interruption de service)
143.1(2) The Nuclear Corporation shall establish and maintain the accounts, books and records that are necessary to record the following non-capital costs and expenses incurred by the Nuclear Corporation in relation to the project during the out of service period, notwithstanding that the Point Lepreau nuclear generating station is out of service:
(a)  transmission services costs;
(b)  operation, maintenance and administration expenses;
(c)  amortization costs and expenses associated with the decommissioning and irradiated fuel management costs referred to in section 143;
(d)  taxes and payments in lieu of taxes; and
(e)  financing charges.
143.1(3) Any revenue earned by the Nuclear Corporation during the out of service period, excluding any revenues related to ancillary services and revenues associated with electricity generation, shall be used to offset the costs and expenses referred to in subsection (2).
143.1(4) The Generation Corporation shall establish and maintain the accounts, books and records that are necessary to record the following non-capital costs and expenses incurred by the Generation Corporation in relation to the project during the out of service period:
(a)  costs and expenses related to the supply of additional electricity to the Distribution Corporation to be sold by the Distribution Corporation to its customers within the Province; and
(b)  transmission services costs related to the supply of additional electricity referred to in paragraph (a).
143.1(5) The Nuclear Corporation and the Generation Corporation shall provide the Distribution Corporation, each month during the out of service period, with invoices relating to the costs, expenses and revenues referred to in subsections (2), (3) and (4).
143.1(6) The Distribution Corporation has a right of access at all times to the accounts, books and records referred to in subsections (2), (3) and (4) and is entitled to require from the directors, officers and employees of the Nuclear Corporation and the Generation Corporation such information and explanations as the Distribution Corporation considers necessary in relation to those accounts, books and records.
143.1(7) The Distribution Corporation shall establish and maintain a deferral account that records the non-capital costs and expenses referred to in subsections (2) and (4) after the offsetting of any revenues referred to in subsection (3).
143.1(8) For the purposes of this Act, the project shall be deemed to be prudent and the costs and expenditures recorded in the deferral account established under subsection (7) shall be deemed to be necessary to carry out the project.
143.1(9) Where the amounts are properly recorded in the deferral account established under subsection (7), the Board shall ensure that the balance in the deferral account
(a)  is recovered by the Distribution Corporation over the operating life of the refurbished Point Lepreau nuclear generating station, and
(b)  is reflected in the charges, rates and tolls charged by the Distribution Corporation.
143.1(10) The amounts recorded in the deferral account established under subsection (7) shall be deemed to be part of the revenue requirements of the Distribution Corporation and shall be deemed to be necessary for the services provided by the Distribution Corporation.
143.1(11) For the purposes of an application to the Board for approval of a change in charges, rates or tolls for its services, the Distribution Corporation shall present its revenue requirements to the Board in such a manner that the costs and expenses associated with the project are shown separately from the other revenue requirements of the Distribution Corporation.
8 Section 149 of the Act is amended
(a)  by adding after paragraph (1)(d) the following:
(d.1)  respecting the payments by the Corporation or a subsidiary of the Corporation referred to in section 37, including making any provision of the Income Tax Act (Canada) and the New Brunswick Income Tax Act, with or without modifications, applicable to the Corporation or the subsidiary of the Corporation for the purposes of calculating the payment;
(b)  by adding after subsection (2) the following:
149(2.1) A regulation made under paragraph (1)(d.1) may provide that it has retroactive application to a date not earlier than October 1, 2004.
9 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
EXPLANATORY NOTES
Section 1
(a)  The existing provision is as follows:
10(1) The Corporation shall, within 6 months after the termination of its fiscal year, submit to the Minister an audited report, in such form as the Minister may direct, on the operations of the Corporation and the subsidiaries of the Corporation for that fiscal year and the Minister shall table the report in the Legislative Assembly if it is then sitting or, if it is not then sitting, when it next sits.
(b)  The existing provision is as follows:
10(2) The Transmission Corporation shall, within 6 months after the termination of its fiscal year, submit to the Minister an audited report, in such form as the Minister may direct, on its operations for each fiscal year after the date referred to in section 5, and the Minister shall table the report in the Legislative Assembly if it is then sitting or, if it is not then sitting, when it next sits.
Section 2
(a)  The existing provision is as follows:
37(1) During the period that the Corporation or a subsidiary of the Corporation incorporated pursuant to subsection 4(1) is exempt under subsection 149(1) of the Income Tax Act (Canada) from the payment of tax under that Act, it shall pay to the Finance Corporation in respect of each taxation year an amount equal to the amount of the tax that it would have been liable to pay under that Act if it were not exempt.
(b)  The existing provision is as follows:
37(2) During the period that the Corporation or a subsidiary of the Corporation incorporated pursuant to subsection 4(1) is exempt under subsection 10(1) of the New Brunswick Income Tax Act from the payment of a tax under that Act, it shall pay to the Finance Corporation in respect of each taxation year an amount equal to the amount of the tax that it would be liable to pay under that Act if it were not exempt.
Section 3
New provision.
Section 4
The existing provision is as follows:
101(3) The Board shall, when considering an application under this section, base its order or decision respecting the charges, rates and tolls to be charged by the Distribution Corporation on all of the projected revenue requirements for the provision of the services referred to in section 97.
Section 5
The existing provision is as follows:
111(3) When an application is made under this section, a transmitter shall attend the hearing under section 123 for the purposes of defending its revenue requirements, and is deemed to be a party in the proceedings before the Board.
Section 6
The existing provision is as follows:
142(2) A person to whom this section applies shall, in accordance with the regulations, ensure that a portion of the electricity that it uses is obtained from renewable resources.
Section 7
New provision.
Section 8
(a)  New provision.
(b)  New provision.
Section 9
Commencement provision.