BILL 23

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 1 of the Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended by adding the following definitions in alphabetical order:

“First Nation” means a band as defined in the Indian Act (Canada) located in the province. (Première nation)

“local entity” means (entité locale)

aa municipal distribution utility,

ba local government or local service district,

ca First Nation or a partnership or limited partnership between two or more First Nations,

da not-for-profit company incorporated under the Companies Act and in which a majority of the voting shares is beneficially owned or controlled, directly or indirectly, by one or more residents of the province,

ean association as defined in the Co-operative Associations Act and in which the majority of members who are entitled to vote are residents of the province,

fan educational institution that is designated by the Lieutenant-Governor in Council as a degree granting institution under the Degree Granting Act or is authorized by an Act of the Legislature to grant degrees,

ga regional service commission within the meaning of the Regional Service Delivery Act, or

ha partnership or limited partnership between any of the entities listed in paragraphs (a) to (g) and a person who is a resident of the province, the majority interest in which is owned by the entity and in which the majority of benefits, under the partnership agreement, accrues to the entity.

“municipality” means a municipality as defined in the Local Governance Act. (municipalité)

“small-scale generation facility” means a generation facility that is located in the province and that has a maximum installed capacity of 20 MW. (installation de production à petite échelle)

2 Section 72 of the Act is amended

aby repealing subsection (6) and substituting the following:

72( 6) Nothing in this section prevents a municipal distribution utility from purchasing electricity if

athe electricity is generated within the province of New Brunswick,

bthe electricity is produced by a small-scale generation facility and supplied by a local entity, and

cthe electricity is purchased in accordance with that municipal distribution utility’s policy regarding distributed generation or its policy regarding net metering.

bby adding after subsection (6) the following: 

72( 7) Nothing in this section prevents a municipality or First Nation from purchasing electricity if

athe electricity is generated within the province of New Brunswick, and

bthe electricity is produced by a small-scale generation facility and supplied by a local entity.

3 The Act is amended by adding after section 116 the following:

Development of distribution tariff

116.1 The Corporation shall, within one year of the commencement of this section, develop in consultation with stakeholders and make an application to the Board for a distribution tariff necessary to facilitate the purchase of electricity as provided for in subsections 72(6) and (7).

4 This Act comes into force on a day to be fixed by proclamation.