BILL 7

An Act to Dissolve the Energy Efficiency and Conservation Agency of New Brunswick

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“Agency” means the body corporate established under section 2 of the Energy Efficiency and Conservation Agency of New Brunswick Act under the name Energy Efficiency and Conservation Agency of New Brunswick and known as Efficiency NB. (Agence)

“Board” means the board of directors of the Agency. (conseil)

“Corporation” means the body corporate amalgamated and continued under subsection 3(1) of the Electricity Act under the name New Brunswick Power Corporation. (Société)

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“President” means the President of the Agency. (président)

“Public Service” means the several portions of the public service of the Province specified from time to time in Part I, Part II, Part III or Part IV of the First Schedule of the Public Service Labour Relations Act. (services publics)

Dissolution of Agency

2( 1) The Agency is dissolved.

2( 2) The appointment of a person as the President is revoked.

2( 3) All appointments of persons as other members of the Board are revoked.

2( 4) All contracts, agreements, orders or by-laws relating to the remuneration, allowances, expenses, benefits or severance pay to be paid to the President are null and void.

2( 5) All contracts, agreements, orders or by-laws relating to the remuneration, allowances or expenses to be paid to the other members of the Board are null and void.

2( 6) Despite the provisions of a contract, agreement, order or by-law, no remuneration, allowances, expenses, benefits or severance pay shall be paid to the President.

2( 7) Despite the provisions of a contract, agreement, order or by-law, no remuneration, allowances or expenses shall be paid to the other members of the Board.

2( 8) The Deputy Minister of the Department of Energy and Mines is appointed as the acting President for the period beginning on October 16, 2014, and ending on the date of dissolution of the Agency.

2( 9) Any act or thing done on or after October 16, 2014, to the date of dissolution of the Agency by the acting President in the exercise or performance or intended exercise or performance of any right, power, duty, function, responsibility or authority of the President under the Energy Efficiency and Conservation Agency of New Brunswick Act

(a)  shall be deemed to constitute a valid exercise or performance of the right, power, duty, function, responsibility or authority, and

(b)  is confirmed and ratified.

2( 10) Nothing in subsection (9) shall be taken as providing any indication that any right, power, duty, function, responsibility or authority referred to in that subsection was not validly exercised or performed by the acting President.

2( 11) No action, application or other proceeding lies or shall be instituted against the acting President in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under the Energy Efficiency and Conservation Agency of New Brunswick Act by the acting President.

2( 12) The Crown in right of the Province shall indemnify and save harmless a member of the Board, including the acting President, and the heirs, executors, estate and effects of a member of the Board with respect to all costs, charges and expenses that the member incurs in relation to any action, application or other proceeding brought or prosecuted against the member in connection with the duties of the person as a member of the Board except costs, charges and expenses that are occasioned by the member’s own wilful neglect or wilful default.

2( 13) No action, application or other proceeding lies or shall be instituted against the Agency, the Corporation, the Minister, the acting President or the Crown in right of the Province before any court or administrative body in the Province as a result of

(a)  the dissolution of the Agency,

(b)  the revocation of the appointment of the President, or

(c)  the revocation of the appointments of other members of the Board.

2( 14) Without restricting the generality of subsection (13), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against the Agency, the Corporation, the Minister, the acting President or the Crown in right of the Province before any court or administrative body in the Province as a result of the revocation of the appointment of the President.

2( 15) A reference to the Energy Efficiency and Conservation Agency of New Brunswick in an Act, other than this Act, a regulation, rule, order, by-law, agreement or other instrument or document shall be read as, unless the context otherwise requires, a reference to the Corporation.

Agreements entered into by Agency

3( 1) Subject to subsection (2), an agreement entered into under paragraph 5(2)(a) of the Energy Efficiency and Conservation Agency of New Brunswick Act before the commencement of this section continues to be valid and effective.

3( 2) In accordance with paragraph 117.2(2)(a) of the Electricity Act, the Corporation may enter into further agreements with respect to agreements entered into under the Energy Efficiency and Conservation Agency of New Brunswick Act before the commencement of this section.

By-laws of Board

4 By-laws made by the Board under the Energy Efficiency and Conservation Agency of New Brunswick Act before the commencement of this section are revoked.

Employees of Agency transferred to Corporation

5( 1) Every person who was an employee of the Agency immediately before the commencement of this section is transferred to and becomes an employee of the Corporation.

5( 2) An employee referred to in subsection (1) is not terminated by the transfer and shall be deemed

(a)  to have been transferred to the Corporation without interruption in service, and

(b)  not to have been dismissed, constructively dismissed or laid off.

5( 3) The accumulated vacation leave credits of an employee referred to in subsection (1) shall be recognized by the Corporation.

5( 4) The accumulated years of service of an employee referred to in subsection (1) with the Public Service before the transfer to the Corporation shall be recognized by the Corporation for the purpose of determining sick leave and vacation leave entitlements for the employee.

Collective agreement

6 A collective agreement applicable to an employee referred to in subsection 5(1) immediately before the commencement of this section ceases to have effect in relation to that employee on the date of dissolution of the Agency.

Deemed certification of bargaining agent

7 On the commencement of this section, the employees transferred under subsection 5(1) who were included in a bargaining unit before the commencement of this section shall be deemed to be represented by Local 37 of the International Brotherhood of Electrical Workers subject to any subsequent order or decision made by the Labour and Employment Board in accordance with the Public Service Labour Relations Act.

Certain rights not affected

8 The transfer of employees under subsection 5(1)

(a)  shall be deemed not to constitute

( i) a breach, termination, repudiation or frustration of any contract, including a contract of employment or insurance, or

( ii) an event of default or force majeure under any contract,

(b)  shall be deemed not to give rise to a breach, termination, repudiation or frustration of any licence, permit or other right,

(c)  shall be deemed not to give rise to any right to terminate or repudiate a contract, licence, permit or other right, and

(d)  shall be deemed not to give rise to any estoppel.

Closed competitions

9( 1) During the period beginning on January 1, 2015, and ending on December 31, 2016, despite the Civil Service Act, a person who was an employee of the Agency on December 31, 2014, and becomes an employee of the Corporation on January 1, 2015, may be a candidate in a closed competition under the Civil Service Act as if that person were an employee within the meaning of that Act and, in relation to that competition, has the status of an employee under that Act for the purposes of sections 33, 33.1 and 33.2 of that Act.

9( 2) During the period beginning on January 1, 2015, and ending on December 31, 2016, despite the Civil Service Act, a person who was an employee of the Agency on December 31, 2014, and becomes an employee of the Corporation on January 1, 2015, may be a candidate in a closed competition in relation to a position at Service New Brunswick as if that person were an employee within the meaning of the Civil Service Act and, in relation to that competition, has the status of an employee of Service New Brunswick for the purpose of subsection 29(2) of the Service New Brunswick Act.

Redeployment

10 Despite the Civil Service Act, if a person who was an employee of the Agency on December 31, 2014, and becomes an employee of the Corporation on January 1, 2015, is laid off by the Corporation during the period beginning on January 1, 2015, and ending on December 31, 2016, he or she is deemed to be an employee under the Civil Service Act for the purposes of subsections 26(3) and (4) of that Act and of paragraph 3(c) of the Exclusions Regulation - Civil Service Act.

Lateral Transfers

11 Despite the Civil Service Act, a person who was an employee of the Agency on December 31, 2014, and becomes an employee of the Corporation on January 1, 2015, is eligible, during the period beginning on January 1, 2015, and ending on December 31, 2016, to be appointed to a position in the Public Service through a lateral transfer as if the person were an employee within the meaning of the Civil Service Act.

No break in service

12 A person who ceases to be employed with the Agency on December 31, 2014, and who becomes an employee of the Corporation on January 1, 2015, is deemed not to have ceased to be a member of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions.

Books, records, documents and files of Agency

13 The books, records, documents and files of the Agency become the books, records, documents and files of the Corporation.

Transfer and vesting

14( 1) On the commencement of this section,

(a)  the property of the Agency becomes the property of the Corporation, and

(b)  the claims, rights, liabilities, obligations and privileges relating to the business of the Agency are transferred to and become vested in the Corporation.

14( 2) On the commencement of this section, in any document dealing with property transferred to and vested in the Corporation under paragraph (1)(a) or a claim, right, liability, obligation or privilege transferred to and vested in the Corporation under paragraph (1)(b), it is sufficient to cite this Act as effecting the transfer to and vesting in the Corporation of the property, claim, right, liability, obligation or privilege.

Legal proceedings

15 On the commencement of this section, the Corporation may bring or maintain in its name any action, application or other proceeding, or exercise any power, right or remedy that the Agency was, could have been or could have become entitled to bring, maintain or exercise on or before the commencement of this section.

Accountability and Continuous Improvement Act

16 Schedule A of the Accountability and Continuous Improvement Act, chapter 27 of the Acts of New Brunswick, 2013, is amended by striking out

Energy Efficiency and Conservation Agency of New Brunswick

Regulations under the Civil Service Act

17( 1) Paragraph 3(i) of New Brunswick Regulation 84-230 under the Civil Service Act is amended by striking out “Energy Efficiency and Conservation Agency of New Brunswick,”.

17( 2) Paragraph 4(1)(c.1) of New Brunswick Regulation 93-137 under the Civil Service Act is repealed.

Electricity Act

18 The Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended

(a)  in section 1 by adding the following definition in alphabetical order:

“demand-side management” means the active management of the timing of the use of electricity to optimize the use of the generation, transmission and distribution facilities of the Corporation. (gestion de la demande)

(b)  by adding after section 117 the following:

Division E

Energy Efficiency, Energy Conservation and Demand-Side Management

Responsibilities re energy efficiency, energy conservation and demand-side management

117.1 The Corporation is responsible for the following:

(a)  promoting the efficient use of energy and the conservation of energy in the Province;

(b)  developing and delivering programs and initiatives in relation to energy efficiency, energy conservation and demand-side management;

(c)  developing and delivering programs and initiatives in relation to energy efficiency, energy conservation and demand-side management for low-income homeowners on behalf of the Province, provided that these programs and initiatives are paid for by the Province;

(d)  developing and delivering programs and initiatives in relation to energy efficiency, energy conservation and demand-side management on behalf of a third party for its customers, provided that these programs and initiatives are paid for by the third party;

(e)  promoting the development of an energy efficiency services industry;

(f)  acting as the primary organization for the promotion of energy efficiency, energy conservation and demand-side management in the Province;

(g)  raising awareness among energy consumers of energy use; and

(h)  implementing demand-side management and energy efficiency plans.

Powers re energy efficiency, energy conservation and demand-side management

117.2( 1) The Corporation has the power to do anything that the Corporation considers necessary or convenient for, or incidental or conducive to, the carrying out of the responsibilities referred to in section 117.1 and also to do any other things that a company is empowered to do under subsection 14(1) of the Companies Act.

117.2( 2) For the purposes of section 117.1, the Corporation may

(a)  enter into and carry out arrangements or agreements with the federal government or agencies of that government or the government of one or more provinces or agencies of those governments,

(b)  collaborate with partners in both the public and private sectors to maximize the effectiveness of programs and initiatives referred to section 117.1,

(c)  assist in the establishment and development of enterprises and institutions that will help build an energy efficiency services industry in the Province,

(d)  identify the need for programs to train persons for employment in the energy efficiency services industry and work with enterprises and institutions to design, establish and promote those programs,

(e)  produce and sell services and products, and

(f)  make grants, contributions or loans or issue loan guarantees in relation to the responsibilities referred to in section 117.1.

117.2( 3) The Corporation may, for the purposes of paragraph 117.1(d), enter into and carry out arrangements or agreements with third parties.

Proceedings Against the Crown Act

19 Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended in the definition “Crown corporation” by striking out “Energy Efficiency and Conservation Agency of New Brunswick,”.

Public Service Labour Relations Act

20 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part I by striking out “Energy Efficiency and Conservation Agency of New Brunswick”.

Repeal of Energy Efficiency and Conservation Agency of New Brunswick Act

21 The Energy Efficiency and Conservation Agency of New Brunswick Act, chapter 103 of the Revised Statutes, 2012, is repealed.

Commencement

22( 1) Subject to subsections (2) and (3), this Act comes into force on January 1, 2015.

22( 2) Subsection 2(6) of this Act shall be deemed to have come into force on the date this Act received first reading in the Legislative Assembly.

22( 3) Subsections 2(2), (4) and (8) to (12), paragraph 2(13)(b) and subsection 2(14) of this Act shall be deemed to have come into force on October 16, 2014.