Bill 62 - An Act to Amend the Energy and Utilities Board Act

BILL 62

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 by adding the following definition in alphabetical order:

“nominating committee” means a committee composed of the Chairperson, the Vice-Chairperson, the Deputy Minister of Energy and Mines and the Deputy Minister of Justice. (comité de candidatures)

2 The heading “Composition of Board” preceding section 4 of the Act is repealed and the following is substituted:

Composition of Board and appointment

3 Section 4 of the Act is repealed and the following is substituted:

Composition of Board and appointment

4( 1) The Board shall consist of five members who shall be appointed by the Lieutenant-Governor in Council and shall perform their duties on a full-time basis.

4( 2) The Lieutenant-Governor in Council shall appoint one of the members as the Chairperson and one as the Vice-Chairperson.

4( 3) A member shall be appointed from among those candidates nominated by the nominating committee in accordance with subsection (4).

4( 4) In making nominations, the nominating committee shall

(a) engage a recruiting firm to identify potential candidates,

(b) use a merit-based and objective approach,

(d) provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes, and

(e) comply with any regulations made under paragraph 83(b.1).

4( 5) At the time nominations are made under this section, the nominating committee shall advise the Lieutenant-Governor in Council of the following:

(a) the skills and qualifications required of the Board as a whole to carry out its functions;

(b) the skills and qualifications required of the candidates for the positions on the Board; and

4( 6) Despite subsections (1) to (5), the Chairperson and the Vice-Chairperson of the Board as it existed immediately before the commencement of this section shall be deemed to have been appointed as members of the Board and as the Chairperson and the Vice-Chairperson of the Board under this section.

4( 7) Subsections (3) to (5) do not apply to the reappointment of a member.

4( 8) Subject to subsection (9), the nominating committee may make a recommendation to the Lieutenant-Governor in Council concerning the reappointment of a member but the Lieutenant-Governor in Council is not bound by the recommendation.

4( 9) The Chairperson or the Vice-Chairperson shall not participate in making a recommendation in respect of his or her own position as a member.

4( 10) The nominating committee shall make a recommendation under subsection (8) within a reasonable period of time before the expiry of the member’s term of office.

4( 11) When a member is not reappointed on time, his or her subsequent reappointment shall be deemed to have taken effect immediately after the expiration of his or her term of office.

4( 12) Subsections (3) to (5) apply with the necessary modifications to the making of nominations to fill a vacancy on the Board.

4( 13) The nominating committee shall provide the Lieutenant-Governor in Council with the nominations for a vacancy at least three months before the occurrence of the vacancy but, if not possible, as soon as practicable.

4 The heading “Term of office” preceding section 5 of the Act is repealed and the following is substituted:

Term of office of members

5 Section 5 of the Act is repealed and the following is substituted:

Term of office of members

5( 1) The members of the Board shall be appointed for a term of ten years.

5( 2) For the purposes of subsection (1), the commencement date of the term of office as a member of the Chairperson or the Vice-Chairperson referred to in subsection 4(6) is the date he or she was appointed as the Chairperson or the Vice-Chairperson under section 4 of this Act as it existed immediately before the commencement of this section.

5( 3) A member may be reappointed as a member for a second or subsequent term of office of five years.

5( 4) Subject to section 5.3, a member shall hold office until the earliest of the following events:

(a) his or her resignation;

(b) the incapacity of the member;

(d) he or she attains the age of 70 years.

6 The Act is amended by adding after section 5 the following:

Term of office of Chairperson

5.1( 1) The Chairperson shall be appointed for a term of ten years.

5.1( 2) For the purposes of subsection (1), the commencement date of the term of office of the Chairperson referred to in subsection 4(6) is the date he or she was appointed as the Chairperson under section 4 of this Act as it existed immediately before the commencement of this section.

5.1( 3) The Chairperson may be reappointed as the Chairperson for a second or subsequent term of office of three years.

5.1( 4) Subject to section 5.3, the Chairperson shall hold office until the earliest of the following events:

(a) the expiry of his or her term of office as the Chairperson;

(b) the expiry of his or her term of office as a member;

(d) the incapacity of the Chairperson; and

(e) he or she attains the age of 70 years.

Term of office of Vice-Chairperson

5.2( 1) The Vice-Chairperson shall be appointed for a term of seven years.

5.2( 2) For the purposes of subsection (1), the commencement date of the term of office of the Vice-Chairperson referred to in subsection 4(6) is the date he or she was appointed as the Vice-Chairperson under section 4 of this Act as it existed immediately before the commencement of this section.

5.2( 3) The Vice-Chairperson may be reappointed as the Vice-Chairperson for a second or subsequent term of office of three years.

5.2( 4) Subject to section 5.3, the Vice-Chairperson shall hold office until the earliest of the following events:

(a) the expiry of his or her term of office as the Vice-Chairperson;

(b) the expiry of his or her term of office as a member;

(d) the incapacity of the Vice-Chairperson; and

(e) he or she attains the age of 70 years.

Good behaviour and removal for cause

5.3 Each member shall hold office during good behaviour during the term for which he or she is appointed and may be removed for cause by the Lieutenant-Governor in Council.

7 Section 9 of the Act is repealed and the following is substituted:

Vacancy on Board

9 Subject to section 25, a vacancy on the Board does not impair its ability to act.

8 Section 26 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

26( 1) The Chairperson may, in his or her discretion, direct that a particular matter required or authorized to be heard, determined or otherwise dealt with by the Board, or any other act or thing required or authorized to be done by the Board, be heard, determined or otherwise dealt with or done by a panel of the Board.

(b) by adding after subsection (1) the following:

26( 1.1) A panel of the Board shall consist of at least three members.

26( 1.2) The Chairperson or any member of the panel designated by the Chairperson shall act as the chairperson of the panel.

9 The Act is amended by adding after section 27 the following:

Matters that may be dealt with by one member of the Board

27.1( 1) Despite section 25 and subsection 26(1.1), the Chairperson may, in his or her discretion, direct that any of the following matters required or authorized to be heard, determined or otherwise dealt with by the Board, be heard, determined or otherwise dealt with by one member of the Board:

(a) the grant of a licence under the Motor Carrier Act to operate or cause to be operated a public motor bus within the Province if the public motor bus is being used to carry passengers and their baggage on a chartered trip within the Province and if no objection has been filed with the Board and served on the applicant in accordance with subsection 4(3) of that Act;

(b) the grant of a licence under the Pipeline Act, 2005;

(d) the consent for a licensee or permittee to enter into an amalgamation agreement or to amalgamate with another corporation under section 17 of the Pipeline Act, 2005;

(e) the approval of the discontinuance, suspension or resumption of the normal operation of a pipeline under the Pipeline Act, 2005;

(f) the grant of a permit to extend, relocate, divert or otherwise change an existing pipeline under section 24 of the Pipeline Act, 2005;

(g) the issue or renewal of a certificate under the Gas Distribution Act, 1999, or the refusal to issue or renew a certificate under that Act;

(h) the determination as to whether an applicant for a licence, permit or certificate that is authorized to be granted, issued or renewed by the Board has complied with any terms or conditions of an order or decision of the Board with respect to that licence, permit or certificate;

(i) interim scheduling of the Board’s proceedings;

(j) procedural or evidentiary matters pertaining to the Board’s proceedings; or

(k) any other matter prescribed by regulation.

27.1( 2) A decision, determination, direction, approval, consent, order or ruling of the member of the Board under subsection (1) shall be a decision, determination, direction, approval, consent, order or ruling of the Board.

10 Section 53 of the Act is amended in the definition “public utility”

(a) in paragraph (d) of the English version by striking out “and” at the end of the paragraph;

(b) in paragraph (e) by striking out the period at the end of the paragraph and substituting “, and”;

(f) a municipal distribution utility as defined in the Electricity Act that generates or distributes electricity if the utility’s controlling interest is held by a person other than the municipality that is served by the utility.

11 Section 83 of the Act is amended

(a) by adding after paragraph (b) the following:

(b.1) governing the nomination process for the purposes of subsection 4(4) including, without limitation, recruitment, assessment and selection processes and the qualifications and skill requirements for candidates;

(b) by adding after paragraph (d) the following:

(d.1) prescribing matters for the purposes of paragraph 27.1(1)(k);

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Appointments revoked

12( 1) The appointments of all persons who were members of the Board as it existed immediately before the commencement of this section and who performed their duties on a part-time basis are revoked as of the date fixed by Order in Council.

12( 2) All contracts, agreements and orders relating to the remuneration, benefits and expenses to be paid to the persons referred in subsection (1) are null and void.

12( 3) Despite the provisions of any contract, agreement or order, no remuneration, benefit or expenses shall be paid to any person referred to in subsection (1).

12( 4) No action, application or other proceeding shall be instituted against the Crown in right of the Province as a result of the revocation of the appointments under subsection (1).

12( 5) Despite subsections (1) to (3), section 6 of the Energy and Utilities Board Act applies with the necessary modifications to a person referred to in subsection (1) and, during the period of time that person performs the duties and responsibilities or exercises the powers under section 6 of the Energy and Utilities Board Act, section 7 of the Energy and Utilities Board Act shall continue to apply as though that person were still a member of the Board.

Gas Distribution Act, 1999

13 Section 1 of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended in the definition “Board” by adding “New Brunswick” before “Energy and Utilities Board”.

Motor Carrier Act

14( 1) Paragraph 4.1(a) of the English version of the Motor Carrier Act, chapter M-16 of the Revised Statutes, 1973, is amended by striking out “Chairman” and substituting “Chairperson”.

14( 2) Section 18 of the English version of the Act is amended by striking out “Chairman” and substituting “Chairperson”.

Petroleum Products Pricing Act

15 Subsection 3(5) of the Petroleum Products Pricing Act, chapter P-8.05 of the Acts of New Brunswick, 2006, is amended by striking out “the Chairperson of the Board, or in his or her absence, the Vice-Chairperson,” and substituting “the Chairperson of the Board, or in his or her absence, the Vice-Chairperson of the Board or any one or more members of the Board,”.

Commencement

16 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.