BILL 99

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 The Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended by adding the following definition before section 117.1:

Definition of “Fund”

117.01 In this Part, “Fund” means the Energy Efficiency Fund established in section 117.21.

2 The Act is amended by adding the following after section 117.2:

Energy Efficiency Fund

117.21( 1) There is established a fund called the Energy Efficiency Fund.

117.21( 2) The Minister shall be the custodian of the Fund and the Fund shall be held in trust by the Minister.

117.21( 3) The Fund shall be held for the purposes of section 117.23 in a separate account in the Consolidated Fund.

117.21( 4) Amounts transferred to the Fund in accordance with section 117.22 shall be credited to the Fund.

117.21( 5) All payments out of the Fund made for the purposes of section 117.23 shall be a charge on and payable out of the Fund.

117.21( 6) Payments out of the Fund shall not exceed the amounts transferred to the Fund in accordance with section 117.22.

Amounts transferred to the Fund

117.22( 1) During each fiscal year, the Minister of Finance and Treasury Board shall transfer, in accordance with the regulations, from the Consolidated Fund to the Fund, the minimum amount prescribed by regulation.

117.22( 2) Despite the Financial Administration Act, the Comptroller may for the purposes of this section make payments out of the Consolidated Fund.

Use of assets of the Fund

117.23 The assets of the Fund shall be used by the Corporation for the purpose of funding the development and delivery of any of the following programs and initiatives in relation to energy efficiency and energy conservation

(a)  for non-electric fuel types,

(b)  that are prescribed by regulation,

(c)  for persons, groups, organizations or classes of persons, groups or organizations prescribed by regulation, and

(d)  that are set out in a mandate letter provided to the Corporation by the Minister.

Minimum energy efficiency targets for electricity

117.24 The Corporation shall obtain the minimum energy efficiency targets for electricity prescribed by regulation.

3 Section 142 of the Act is amended by adding before paragraph (h) the following:

(g.1)  respecting the transfer of amounts under section 117.2, including prescribing the times and manner of transfers during the fiscal year and an annual minimum amount to be transferred;

(g.2)  prescribing energy efficiency and energy conservation programs and initiatives, as well as the persons, groups, organizations and classes of persons, groups or organizations, for the purposes of paragraphs 117.23(b) and (c);

(g.3)  prescribing minimum energy efficiency targets for electricity to be obtained by the Corporation, expressed as a percent reduction of in-province electricity sales;

(g.4)  prescribing reporting requirements for the Corporation, including the methods and manner of reporting, to determine progress toward

( i) meeting its minimum energy efficiency targets for electricity, and

( ii) developing and delivering programs and initiatives as described in section 117.23;