Bill 32 - An Act Respecting Transferring Powers to the Energy and Utilities Board

BILL 32

An Act Respecting Transferring Powers to the Energy and Utilities Board

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

Financial and Consumer Services Commission Act

1( 1) Section 1 of the Financial and Consumer Services Commission Act, chapter 30 of the Acts of New Brunswick, 2013, is amended

(a) by repealing the definition “hearing”;

(b) by repealing the definition “hearing panel”;

(d) by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act. (Tribunal)

1( 2) Section 22 of the Act is amended by striking out “the chair of the Tribunal, the other members of the Commission and of the Tribunal” and substituting “the other members of the Commission”.

1( 3) Subsection 23(1) of the Act is amended by striking out “and the Tribunal”.

1( 4) Part 2 of the Act is repealed.

1( 5) The Act is amended by adding the following before Part 3:

PART 2.1

APPEALS

Appeal or review of decision of a regulator

48.1( 1) A regulator shall be recognized by the Tribunal as an expert with respect to any decision made by the regulator under financial and consumer services legislation.

48.1( 2) When a decision made by a regulator is subject to a review by the Tribunal or an appeal to the Tribunal, the Tribunal may do the following:

(a) when, in the opinion of the Tribunal, the decision is reasonable, confirm the decision; and

(b) when, in the opinion of the Tribunal, the decision is unreasonable,

( i) revoke the decision and substitute a decision that, in the opinion of the Tribunal, is reasonable,

( ii) refer the decision back to the regulator for reconsideration, or

( iii) refer the matter back to the regulator for a rehearing in whole or in part, in accordance with any directions the Tribunal considers proper.

48.1( 3) When a decision is referred back to the regulator under subparagraph (2)(b)(ii), the regulator shall reconsider and confirm, vary or set aside the decision as the regulator considers appropriate.

48.1( 4) When a matter is referred back to the regulator under subparagraph (2)(b)(iii), the regulator shall rehear the matter and confirm, vary or set aside the decision as the regulator considers proper.

Appeal of decisions of Tribunal

48.2( 1) With leave of a judge of the Court of Appeal, the Commission or a person directly affected by a final decision of the Tribunal may appeal the decision to the Court of Appeal.

48.2( 2) An application for leave to appeal shall be made within 30 days after the later of the making of the decision and the issuing of the reasons for the decision.

48.2( 3) Within the 30-day period referred to in subsection (2), a copy of the application for leave to appeal and supporting documents shall be

(a) served on the other parties to the appeal, and

(b) filed with the Tribunal.

48.2( 4) Despite the fact that the application for leave to appeal is made under this section, the decision appealed from takes effect immediately, but the Tribunal or the Court of Appeal may grant a stay of the decision until disposition of the appeal.

48.2( 5) The Tribunal shall certify to the Court of Appeal the following documents:

(a) the decision that was appealed to the Tribunal or reviewed by the Tribunal, if any;

(b) the decision of the Tribunal, together with a statement of reasons for the decision, if any;

(d) all written submissions to the Tribunal or other material that is relevant to the appeal.

48.2( 6) The Minister is entitled to be heard on the argument of an appeal under this section, regardless of whether the Minister is named as a party to the appeal.

48.2( 7) If an appeal is taken under this section, the Court of Appeal may order the Commission, the Tribunal or a regulator to make a decision or to take any other action that the Commission, the Tribunal or the regulator, as the case may be, is authorized and empowered to take under financial and consumer services legislation or under the Energy and Utilities Board Act, as the case may be, and that the Court of Appeal considers proper, having regard to the material and submissions before it and to financial and consumer services legislation and to the Energy and Utilities Board Act, and the Commission, the Tribunal or the regulator, as the case may be, shall make that decision or take that action accordingly.

48.2( 8) To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.

48.2( 9) Despite an order of the Court of Appeal on an appeal, the Tribunal may make a further decision on new material or if there is a significant change in the circumstances, and that decision is subject to this section.

1( 6) Subsection 50(1) of the Act is amended

(a) in paragraph (b) by striking out “or Tribunal”;

(b) in paragraph (c) by striking out “or Tribunal”.

1( 7) Section 51 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “, the Tribunal” wherever it appears;

( ii) in paragraph (a) by striking out “, the Tribunal”;

(b) in subsection (2) in the portion preceding paragraph (a) by striking out “, the Tribunal” wherever it appears;

1( 8) The Act is amended by adding after section 52 the following:

Filing decision with The Court of King’s Bench

52.1( 1) The Commission may file a certified copy of a decision of the Tribunal with the clerk of The Court of King’s Bench, and, on being filed, the decision has the same force and effect as if it were a judgment of The Court of King’s Bench.

52.1( 2) If an order of the Tribunal is filed under subsection (1), any amounts required to be disgorged to the Commission or the administrative penalty required to be paid to the Commission under the order may be collected as a judgment of The Court of King’s Bench for the recovery of a debt.

1( 9) Section 58 of the Act is amended

(a) in paragraph (1)(a) by striking out “, a person appointed under subsection 18(2) or the Registrar” and substituting “or a person appointed under subsection 18(2)”;

(b) in subsection (3) by striking out “, the Tribunal”;

(d) by repealing subsection (7).

1( 10) Subsection 59(1) of the Act is amended

(a) in paragraph (c) in the portion preceding subparagraph (i) by striking out “the Tribunal,”;

(b) in paragraph (h) by striking out “or the Tribunal”.

1( 11) Subsection 63(1) of the Act is amended

(a) in paragraph (b) by striking out “, the Tribunal, person appointed under subsection 18(2) or the Registrar” and substituting “or the person appointed under subsection 18(2)”;

(b) by repealing paragraph (d.1);

1( 12) The heading “Transfer of personal property” preceding section 64 of the Act is repealed.

1( 13) Section 64 of the Act is repealed.

1( 14) The heading “Continuation of decisions” preceding section 69 of the Act is repealed.

1( 15) Section 69 of the Act is repealed.

1( 16) The heading “Ongoing hearings and reviews - New Brunswick Securities Commission” preceding section 75 of the Act is repealed.

1( 17) Section 75 of the Act is repealed.

1( 18) The heading “Ongoing appeals and reviews - Other legislation” preceding section 76 of the Act is repealed.

1( 19) Section 76 of the Act is repealed.

1( 20) The heading “Procedures for hearings” preceding section 77 of the Act is repealed.

1( 21) Section 77 of the Act is repealed.

1( 22) The heading “Transfer of records to Tribunal” preceding section 78 of the Act is repealed.

1( 23) Section 78 of the Act is repealed.

1( 24) The heading “Former supplementary members” preceding section 79 of the Act is repealed.

1( 25) Section 79 of the Act is repealed.

1( 26) The heading “Tribunal budget” preceding section 80 of the Act is repealed.

1( 27) Section 80 of the Act is repealed.

1( 28) The heading “Closed competitions” preceding section 81 of the Act is repealed.

1( 29) Section 81 of the Act is repealed.

1( 30) The heading “Redeployment” preceding section 82 of the Act is repealed.

1( 31) Section 82 of the Act is repealed.

1( 32) The heading “Lateral transfers” preceding section 83 of the Act is repealed.

1( 33) Section 83 of the Act is repealed.

1( 34) The Act is amended by adding the following after section 84:

Financial and Consumer Services Tribunal abolished and appointments revoked

84.1( 1) The Financial and Consumer Services Tribunal established under section 29 as it existed immediately before the commencement of this section, as well as any hearing panel constituted under section 39 as it existed immediately before the commencement of this section, is abolished.

84.1( 2) The appointments of the chair and vice-chair of the Financial and Consumer Services Tribunal abolished under subsection (1) are revoked.

84.1( 3) All appointments of other members of the Financial and Consumer Services Tribunal abolished under subsection (1) are revoked.

84.1( 4) All contracts, agreements or orders relating to the allowance and expenses to be paid to the members of the Financial and Consumer Services Tribunal abolished under subsection (1) are null and void.

84.1( 5) Despite the provisions of any contract, agreement or order, no remuneration or expenses shall be paid to a member of the Financial and Consumer Services Tribunal abolished under subsection (1).

84.1( 6) No action, application or other proceeding lies or shall be instituted against the Minister of Finance and Treasury Board or the Crown in right of the Province as a result of the abolition of the Financial and Consumer Services Tribunal or any hearing panel or the revocation of the appointments of its members under this section.

References to the Financial and Consumer Services Tribunal

84.2 Where in any Act, other than this Act, or in any rule, order, regulation, by-law, agreement or other instrument or document, reference is made to the Financial and Consumer Services Tribunal abolished under subsection 84.1(1), it shall be read, unless the context otherwise requires, as a reference to the Tribunal.

Continuation of decisions

84.3( 1) In this section, a decision includes an order, temporary order, direction, determination, authorization, requirement, approval, recommendation or resolution.

84.3( 2) A decision of the Financial and Consumer Services Tribunal abolished under subsection 84.1(1) that was valid and of full force and effect immediately before the commencement of this section

(a) continues to be valid and of full force and effect, and

(b) shall be deemed to be a decision of the Tribunal.

Appeals and reviews in respect of which a hearing is not commenced

84.4( 1) On and after the coming into force of this section, the Tribunal shall deal with appeals and applications for review filed with the Financial and Consumer Services Tribunal abolished under subsection 84.1(1) if the hearing of the appeal or hearing of the review was not commenced on the coming into force of this section.

84.4( 2) The Tribunal shall hold hearings to deal with and decide appeals and applications for review under subsection (1) and conduct them in accordance with the procedures with respect to hearings held by the Tribunal.

Ongoing hearings

84.5( 1) On and after the commencement of this section, the Financial and Consumer Services Tribunal or a hearing panel abolished under subsection 84.1(1) shall complete any hearing that it began before the commencement of this section despite that the Tribunal would hold the hearing if it was begun after the commencement of this section.

84.5( 2) Subject to subsection (6), a hearing referred to in subsection (1) shall be completed in accordance with the law as it existed immediately before the commencement of this section.

84.5( 3) If the Financial and Consumer Services Tribunal or a hearing panel abolished under subsection 84.1(1) completes a hearing referred to in subsection (1), its members shall be compensated in accordance with the law as it existed immediately before the commencement of this section.

84.5( 4) A decision, order, temporary order or direction made or action taken under subsection (1) by the Financial and Consumer Services Tribunal or a hearing panel abolished under subsection 84.1(1) shall be deemed to be a decision, order, temporary order or direction made or action taken by the Tribunal.

84.5( 5) Despite subsection (1), on and after the commencement of this section, the Minister of Finance and Treasury Board may direct the Tribunal to complete a hearing referred to in subsection (1).

84.5( 6) A hearing completed under subsection (5) shall be conducted in accordance with the procedures with respect to hearings held by the Tribunal.

Transfer of records to Tribunal

84.6( 1) On the commencement of this section, the following records of the Financial and Consumer Services Tribunal abolished under subsection 84.1(1) are transferred to the Tribunal:

(a) all records related to appeals made to it or applications for review filed with it but for which no hearing was commenced; and

(b) all records related to final decisions made by it and for which the period for appeal to the Court of Appeal has not expired.

84.6( 2) The records of the Financial and Consumer Services Tribunal abolished under subsection 84.1(1) related to a hearing completed by the Tribunal in accordance with subsection 84.5(5) are transferred to the Tribunal when the Minister of Finance and Treasury Board directs that it complete the hearing.

Immunity and indemnity

84.7 Sections 50 and 51 of this Act apply with the necessary modifications to a former chair or other former member of the Financial and Consumer Services Tribunal abolished under subsection 84.1(1).

Mining Act

2( 1) Section 1 of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended

(a) by repealing the definition “Mining Commissioner”;

(b) by adding the following definition in alphabetical order:

“Board” means the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act; (Commission)

2( 2) The heading “Mining Commissioner” preceding section 12 of the Act is repealed.

2( 3) The heading “Appointment of Mining Commissioner” preceding section 12 of the Act is repealed.

2( 4) Section 12 of the Act is repealed.

2( 5) The heading “Function and authority of Mining Commissioner” preceding section 13 of the Act is repealed and the following is substituted:

Function and authority of Board

2( 6) Section 13 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “it is the function of the Mining Commissioner and the Mining Commissioner has” and substituting “it is the function of the Board and the Board has”;

( ii) in paragraph (a) by striking out “holders of mineral claims or holders of mining leases” and substituting “holders of mineral claims or mining leases or parties to an agreement under subsection 25(2)”;

( iii) by repealing paragraph (b) and substituting the following:

(b) between

( i) prospectors,

( ii) holders of mineral claims,

( iii) holders of mining leases,

( iv) parties to an agreement under subsection 25(2),

( v) prospectors and holders of mineral claims or mining leases or parties to an agreement under subsection 25(2),

( vi) holders of mineral claims and holders of mining leases or parties to an agreement under subsection 25(2), and

( vii) holders of mining leases and parties to an agreement under subsection 25(2);

( iv) in paragraph (c) by striking out “or holders of mining leases” and substituting “, holders of mining leases or parties to an agreement under subsection 25(2)”;

( v) in paragraph (d) by striking out “of mining leases” and substituting “of mining leases or agreements under subsection 25(2)”;

( vi) in paragraph (e) by striking out “or mining leases” and substituting “, mining leases or agreements under subsection 25(2)”;

( vii) in paragraph (f) by striking out “or mining leases” wherever it appears and substituting “, mining leases or agreements under subsection 25(2)”;

( viii) in paragraph (g) by striking out “or mining lease” and substituting “, mining lease or agreement under subsection 25(2)”;

( ix) in paragraph (l) by striking out “or mining leases” and substituting “, mining leases or parties of an agreement under subsection 25(2)”;

( x) in paragraph (m) by striking out “the Mining Commissioner” and substituting “the Board”;

( xi) in paragraph (o) by striking out “or mining leases” and substituting “, mining leases or parties to an agreement under subsection 25(2)”;

(b) by repealing subsection (2);

13( 3) In hearing and determining any question, disagreement, matter or claim referred to in this section, the Board may order an officer appointed under section 4 to inspect a mine or the land covered by a mineral claim, mining lease or agreement under subsection 25(2), with or without notice, for the purpose of ascertaining whether the operator of the mine or the holder of the mineral claim, mining lease or party to an agreement under subsection 25(2) has complied with this Act and the regulations.

(d) in subsection (5) by striking out “the operator of the mine” and substituting “the operator of the mine, a party to an agreement under subsection 25(2)”;

(e) in subsection (6) by striking out “the Mining Commissioner” and “mineral claim or mining lease and substituting “the Board” and “mineral claim, mining lease or agreement under subsection 25(2)”, respectively;

(f) in subsection (7) by striking out “the Mining Commissioner” and substituting “the Board”;

(g) in subsection (7.1) by striking out “the Mining Commissioner” and substituting “the Board”;

(h) by adding after subsection (7.1) the following:

13( 7.2) When an agreement under subsection 25(2) is ordered to be cancelled under subsection (6), the Board shall advise the Recorder of the cancellation and the Recorder shall immediately mark in the registry that the agreement is cancelled and the land covered by the agreement is withdrawn from prospecting and registration of mineral claims for the period of time specified by the Recorder.

(i) by repealing subsection (8) and substituting the following:

13( 8) When the Board has determined that there has been actual damage to or interference with the use and enjoyment of property and the Board has determined the compensation to be paid, the Board may order a prospector, holder of a mineral claim, holder of a mining lease, party to an agreement under subsection 25(2) or operator of a mine to pay the amount payable to the person aggrieved.

(j) by repealing subsection (9) and substituting the following:

13( 9) Despite sections 56 and 71 or any provision of the regulations, when a mineral claim, a mining lease or agreement under subsection 25(2) was or is the subject of an application under section 113, the Board may, in determining any question, disagreement, matter or claim referred to in this section, make an order, on the terms the Board considers fit, relieving the party to the agreement or the holder of the mineral claim or mining lease from the performance of any or all the required work.

(k) in subsection (11) by striking out “Mining Commissioner” and substituting “Board”;

(l) in subsection (12) by striking out “the Mining Commissioner who may make such orders and give such directions as he considers necessary to make effectual and enforce compliance with his determinations” and substituting “the Board which may make any orders and give any directions as the Board considers necessary to make effectual and enforce compliance with Board’s determinations”.

2( 7) Section 14 of the Act is amended

(a) in subsection (3) by striking out “all instruments affecting mining leases” and substituting “agreements referred to in subsection 25(2), all instruments affecting mining leases”;

(b) in subsection (5) by striking out “the Mining Commissioner” and substituting “the Board”;

14( 6) The Recorder shall enter in the registry in respect of a mineral claim or enter on the record of any mining lease or agreement under subsection 25(2) a note of any order or decision affecting the mineral claim, mining lease or agreement giving its date and effect and the date of entry.

2( 8) Subsection 15(5) of the Act is amended by striking out “the Mining Commissioner” and substituting “the Board”.

2( 9) Paragraph 24(c) of the Act is amended by striking out “the Mining Commissioner” and substituting “the Board”.

2( 10) Subsection 48.8(9) of the Act is amended by striking out “the Mining Commissioner” and substituting “the Board”.

2( 11) Subsection 52(3) of the Act is amended by striking out “the Mining Commissioner” and substituting “the Board”.

2( 12) Paragraph 61(6)(d) of the Act is amended by striking out “the Mining Commissioner” and substituting “the Board”.

2( 13) Section 108 of the Act is amended

(a) in subsection (6) by striking out “the Mining Commissioner” and substituting “the Board”;

(b) in subsection (7) by striking out “the Mining Commissioner is satisfied that land is being used other than as authorized under this Act or the regulations, he” and substituting “the Board is satisfied that land is being used other than as authorized under this Act or the regulations, the Board”.

2( 14) Section 110 of the Act is amended

(a) by repealing subsection (6) and substituting the following:

110( 6) The rights conferred on a prospector, holder of a mineral claim or mining lease, party to an agreement under subsection 25(2) or operator of a mine are subject to the payment to a licensee, sublicensee or permittee under the Crown Lands and Forests Act of the value of their interest in any timber cut or damaged, and any disagreement between the prospector, holder of the mineral claim or mining lease, party to an agreement under subsection 25(2) or operator of the mine and the licensee, sublicensee or permittee in respect of quantity of timber or value of interest in the timber shall be determined by the Board.

(b) in subsection (7) by striking out “the Mining Commissioner” and substituting “the Board”.

2( 15) Subsection 112(1) of the Act is amended by striking out “the Mining Commissioner” and substituting “the Board”.

2( 16) Section 112.02 of the Act is amended

(a) in subsection (1) by striking out “the Mining Commissioner” and substituting “the Board”;

(b) in subsection (2) by striking out “the Mining Commissioner” wherever it appears and substituting “the Board”.

2( 17) Section 112.03 of the Act is amended

(a) in subsection (1) by striking out “the Mining Commissioner” and substituting “the Board”;

(b) by repealing subsection (2).

2( 18) The heading “Date, heure et lieu de l’audition” preceding section 112.04 of the French version of the Act is amended by striking out “l’audition” and substituting “l’audience”.

2( 19) Section 112.04 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2) and substituting the following:

112.04( 2) The Board shall set a date, time and place to hear the application and notify the applicant, the owner, the Recorder and any person who, in the opinion of the Board, is an interested person of the date, time and place of the hearing.

(d) by repealing subsection (4).

2( 20) The heading “Notice by registered mail” preceding section 112.06 of the Act is repealed.

2( 21) Section 112.06 of the Act is repealed.

2( 22) Section 112.07 of the Act is amended by striking out “The Mining Commissioner” and substituting “The Board”.

2( 23) The heading “Evidence” preceding section 112.08 of the Act is repealed.

2( 24) Section 112.08 of the Act is repealed.

2( 25) The heading “Irregularities” preceding section 112.09 of the Act is repealed.

2( 26) Section 112.09 of the Act is repealed.

2( 27) The heading “Audition en l’absence d’une partie” preceding section 112.1 of the French version of the Act is amended by striking out “Audition” and substituting “Audience”.

2( 28) Section 112.1 of the Act is repealed and the following is substituted:

112.1 If the Board is satisfied that a party has received notice of the hearing, the Board may proceed to conduct the hearing and to make a determination in the absence of that party.

2( 29) Section 112.11 of the Act is amended by striking out “Mining Commissioner” wherever it appears and substituting “Board”.

2( 30) The heading “Engagement of experts” preceding section 112.12 of the Act is repealed.

2( 31) Section 112.12 of the Act is repealed.

2( 32) The heading “Decision of Mining Commissioner” preceding section 112.13 of the Act is amended by striking out “Mining Commissioner” and substituting “Board”.

2( 33) Section 112.13 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “the Mining Commissioner” and substituting “the Board”;

( ii) in paragraph (a) in the portion preceding subparagraph (i) by striking out “the Mining Commissioner’s” and substituting “the Board’s”;

(b) in subsection (2)

( i) in paragraph (c) by striking out “the Mining Commissioner” and substituting “the Board”;

( ii) in paragraph (e) by striking out “the Mining Commissioner” and substituting “the Board”;

2( 34) Section 112.14 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “the Mining Commissioner” and substituting “the Board”;

(b) in paragraph (g)

( i) in the portion preceding subparagraph (i) of the French version by striking out “l’audition” and substituting “l’audience”;

( ii) in subparagraph (ii) by striking out “the Mining Commissioner” and substituting “the Board”;

2( 35) Section 112.15 of the Act is amended in the portion preceding paragraph (a) by striking out “the Mining Commissioner” and substituting “the Board”.

2( 36) Subsection 112.16(1) of the English version of the Act is amended

(a) in paragraph (a) by striking out “the Mining Commissioner’s decision” and substituting “the Board’s decision”;

(b) in paragraph (b) in the portion preceding subparagraph (i) by striking out “the Mining Commissioner’s decision” and substituting “the Board’s decision”.

2( 37) Section 112.17 of the Act is amended

(a) in paragraph (b) by striking out “the Mining Commissioner” and substituting “the Board”;

(b) in paragraph (c) by striking out “the Mining Commissioner” and substituting “the Board”.

2( 38) Section 112.2 of the Act is amended

(a) in subsection (1) of the French version by striking out “audition” and substituting “audience”;

(b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “a hearing under this Part include, but are not limited to,” and substituting “a hearing under this Act include”;

( ii) in paragraph (c) by striking out “the Mining Commissioner and any other person the Mining Commissioner considers necessary to assist him or her” and substituting “the Board and any other person the Board considers necessary to assist the Board”;

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

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

( v) by adding after paragraph (e) the following:

(f) any other cost or charge the Board considers appropriate.

2( 39) Section 112.21 of the Act is amended

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

112.21( 1) Before the hearing, the applicant shall, within the period determined by the Board, deposit security with the Board in the form and amount required by the Board and for which the Board considers appropriate for the payment of costs and expenses incurred by the owner and the Minister.

(b) in subsection (2) by striking out “the Mining Commissioner” and substituting “the Board”.

2( 40) The heading “AUDITIONS” preceding section 113 of the French version of the Act is repealed and the following is substituted:

AUDIENCES

2( 41) The heading “Auditions” preceding section 113 of the French version is repealed and the following is substituted:

Audiences

2( 42) Section 113 of the Act is amended

(a) in subsection (1) by striking out “the Mining Commissioner” and substituting “the Board”;

(b) by repealing subsection (2) and substituting the following:

113( 2) The Board shall notify all persons who are parties and all persons who the Board considers are affected and should be notified and the Recorder of an application under subsection (1).

(d) by repealing subsection (4);

(e) by repealing subsection (5);

(f) by repealing subsection (6) and substituting the following:

113( 6) Despite any other provision of this section, the Board may, with the approval in writing of the parties, proceed to summarily hear the parties and may, with or without reasons, base its decision solely on that hearing in which case the Board’s decision shall be final.

(g) by repealing subsection (7);

(h) by repealing subsection (8);

(i) in subsection (9) by striking out “the Mining Commissioner in his decision, each of the parties shall comply with the decision of the Mining Commissioner and any orders made by him” and substituting “the Board in its decision, each of the parties shall comply with the decision of the Board and any orders made by the Board”;

(j) in subsection (10)

( i) in paragraph (a) by striking out “the Mining Commissioner” and substituting “the Board”;

( ii) in paragraph (b) by striking out “the Mining Commissioner” and substituting “the Board”;

(k) by repealing subsection (11);

(l) by repealing subsection (12) and substituting the following:

113( 12) When the Board is satisfied that a party has received notice of the hearing, the Board may proceed to conduct the hearing and make a determination in the absence of that party.

(m) in subsection (13) by striking out “Mining Commissioner” and substituting “Board”;

(n) in subsection (14) by striking out “the Mining Commissioner may be filed in The Court of Queen’s Bench of New Brunswick” and substituting “the Board may be filed in The Court of King’s Bench of New Brunswick”;

(o) in subsection (15) of the French version by striking out “d’un ordre” and “dans l’ordre” and substituting “d’une ordonnance” and “dans l’ordonnance”, respectively.

2( 43) Section 114 of the Act is amended

(a) in subsection (1) by striking out “the Mining Commissioner” and “The Court of Queen’s Bench” and substituting “the Board” and “The Court of King’s Bench”, respectively;

(b) in subsection (2) by striking out “the Mining Commissioner” and substituting “the Board”;

114( 3) On service under subsection (2), the Board shall deliver to the clerk of The Court of King’s Bench of New Brunswick for the judicial district in which the application is to be heard all documents in its possession relating to the application and a copy of the order or decision.

(d) in subsection (5) of the French version by striking out “l’ordre” and substituting “l’ordonnance”;

(e) in subsection (6) by striking out “or substitute his own decision or order for that of the Mining Commissioner” and substituting “or substitute the judge’s own decision or order for that of the Board”;

(f) in subsection (7) by striking out “the Mining Commissioner” wherever it appears and substituting “the Board”.

2( 44) Paragraph 115(1)(o) of the Act is amended by striking out “the Mining Commissioner” and substituting “the Board”.

2( 45) Subsection 116(1) of the Act is amended

(a) in paragraph (c) of the English version by striking out “his powers and duties” and substituting “their powers and duties”;

(b) in paragraph (e) by striking out “the Mining Commissioner” and substituting “the Board”.

2( 46) Subsection 122(3) of the Act is amended by striking out “the Mining Commissioner” and substituting “the Board”.

2( 47) The heading “TRANSITIONAL” preceding section 123 of the Act is repealed and the following is substituted:

SAVING PROVISIONS

2( 48) The Act is amended by adding the following after section 128:

PART XVI.1

TRANSITIONAL PROVISIONS

Appointment revoked

128.1( 1) The appointment of the Mining Commissioner is revoked.

128.1( 2) All contracts, agreements or orders relating to the allowance or expenses to be paid to the Mining Commissioner whose appointment is revoked under subsection (1) are null and void.

128.1( 3) Despite the provisions of any contract, agreement or order, no remuneration or expenses shall be paid to the Mining Commissioner whose appointment is revoked under subsection (1).

128.1( 4) No action, application or other proceeding lies or shall be instituted against the Minister of Natural Resources and Energy Development, the Minister of Finance and Treasury Board or the Crown in right of the Province as a result of the revocation of the appointment of the Mining Commissioner under subsection (1).

References

128.2 A reference to the Mining Commissioner in an Act, other than this Act, or a rule, order, regulation, by-law, agreement or other instrument or document shall be read as a reference to the Board unless the context otherwise requires.

Continuation of decisions

128.3 A decision or order of the Mining Commissioner whose appointment is revoked under subsection 128.1(1) that was valid and of full force and effect immediately before the commencement of this subsection

(a) continues to be valid and of full force and effect, and

(b) shall be deemed to be a decision or order of the Board.

Applications made before coming into force of this section

128.4( 1) On and after the commencement of this section, the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall deal with any application that was filed with the Mining Commissioner before the commencement of this section despite that the Board would deal with the application if it were filed after the commencement of this section.

128.4( 2) The Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall deal with applications under subsection (1) in accordance with the law as it existed immediately before the commencement of this section.

128.4( 3) If the Mining Commissioner whose appointment is revoked under subsection 128.1(1) deals with an application referred to in subsection (1), the Mining Commissioner shall be compensated in accordance with the law as it existed immediately before the commencement of this section.

128.4( 4) An order or decision made or action taken by the Mining Commissioner whose appointment is revoked under subsection 128.1(1) in accordance with subsection (1) shall be deemed to be an order, decision or action of the Board.

128.4( 5) Despite subsection (1), on and after the commencement of this section, the Minister of Natural Resources and Energy Development may direct the Board to deal with an application referred to in subsection (1).

Hearings

128.5( 1) On and after the commencement of this section, the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall hold all hearings related to any application filed with it before the coming into force of this section despite that the Board would hold the hearing if it were filed after the commencement of this section.

128.5( 2) On and after the commencement of this section, the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall complete a hearing commenced by the Mining Commissioner before the coming into force of this section despite that the Board would hold the hearing if it were commenced after the commencement of this section.

128.5( 3) Subject to subsection (7), the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall hold or complete the hearings under subsections (1) and (2) in accordance with the law as it existed immediately before the commencement of this section.

128.5( 4) If the Mining Commissioner whose appointment is revoked under subsection 128.1(1) holds or completes a hearing under subsection (1) or (2), as the case may be, the Mining Commissioner shall be compensated in accordance with the law as it existed immediately before the commencement of this section.

128.5( 5) A decision or order made or action taken in accordance with subsection (1) or (2) by the Mining Commissioner whose appointment is revoked under subsection 128.1(1) shall be deemed to be a decision or order or action of the Board.

128.5( 6) Despite subsections (1) and (2), on and after the commencement of this section, the Minister of Natural Resources and Energy Development may direct the Board to hold or complete a hearing referred to in subsection (1) or (2).

128.5( 7) The hearings held or completed under subsection (6) shall be conducted in accordance with procedures with respect to hearings held by the Board.

Transfer of records to Board

128.6( 1) On the commencement of this section, all records of the Mining Commissioner whose appointment is revoked under subsection 128.1(1) related to final decisions made by the Mining Commissioner and for which the period for judicial review to the Court of Appeal of New Brunswick has not expired are transferred to the Board.

128.6( 2) The records of the Mining Commissioner whose appointment is revoked under subsection 128.1(1) related to an application dealt with by the Board under subsection 128.4(5) are transferred to the Board when the Minister of Natural Resources and Energy Development directs that it deal with the application.

128.6( 3) The records of the Mining Commissioner whose appointment is revoked under subsection 128.1(1) related to a hearing held or completed by the Board under subsection 128.5(6) are transferred to the Board when the Minister of Natural Resources and Energy Development directs that it hold or complete the hearing, as it my be.

Energy and Utilities Board Act

3( 1) Section 1 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is amended

(a) by repealing the definition “nominating committee” and substituting the following:

“nominating committee” means a committee composed of the Deputy Minister of Natural Resources and Energy Development, the Deputy Minister of Justice and Public Safety and the Deputy Minister of Finance and Treasury Board, or any person designated by any of those Deputy Ministers to act as their representative, and the Chairperson and Vice-Chairperson. (comité de candidatures)

(b) by adding the following definition in alphabetical order:

“financial and consumer services legislation” means financial and consumer services legislation as defined in the Financial and Consumer Services Commission Act. (législation en matière de services financiers et de services aux consommateurs)

3( 2) Section 4 of the Act is amended

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

4( 1) The Board shall consist of the following members appointed by the Lieutenant-Governor in Council:

(a) at least three members, but no more than six members, who shall perform their duties on a full-time basis; and

(b) no more than two members who shall perform their duties on a part-time basis.

(b) by repealing subsection (2) and substituting the following:

4( 2) The Lieutenant-Governor in Council shall appoint a Chairperson and a Vice-Chairperson from the members appointed under paragraph (1)(a).

3( 3) Section 5 of the Act is amended

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

5( 1) The term of office of members of the Board appointed on a full-time basis is 10 years, and for those appointed on a part-time basis the term of office is a maximum of five years.

(b) by repealing subsection (3) and substituting the following:

5( 3) Each member may be reappointed as a member for no more than three terms, each of which is a maximum of five years.

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

(a) the member’s resignation;

(b) the incapacity of the member;

(d) the member’s retirement.

3( 4) Section 5.1 of the Act is amended

(a) in subsection (3) by striking out “for a second or subsequent term of office of three years” and substituting “for no more than three terms of office, each of which is a maximum of five years”;

(b) by repealing subsection (4) and substituting the following:

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

(a) the expiry of the Chairperson’s term of office;

(b) the expiry of the Chairperson’s term of office as a member;

(d) the incapacity of the Chairperson; and

(e) the Chairperson’s retirement.

3( 5) Section 5.2 of the Act is amended

(a) in subsection (1) by striking out “seven years” and substituting “ten years”;

(b) in subsection (3) by striking out “for a second or subsequent term of office of three years” and substituting “for no more than three terms of office, each of which is a maximum of five 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 the Vice-Chairperson’s term of office;

(b) the expiry of the Vice-Chairperson’s term of office as a member;

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

(e) the Vice-Chairperson’s retirement.

3( 6)  The Act is amended by adding after section 11 the following:

Absence of or inability to act as Chairperson and Vice-Chairperson or when the offices of the Chairperson and Vice-Chairperson are vacant

11.1 In the absence of the Chairperson and Vice-Chairperson or the inability of the Chairperson and Vice-Chairperson to act, or if the offices of the Chairperson and Vice-Chairperson are vacant, the members shall appoint from among the members an acting chairperson for the period of the absence, inability to act or vacancy.

3( 7) Section 13 of the Act is amended

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

13( 1) The Chairperson may appoint or engage the employees of the Board as the Chairperson considers necessary.

(b) by repealing subsection (2) and substituting the following:

13( 2) The remuneration and other conditions of employment of the employees of the Board shall be established by the Chairperson.

3( 8) Section 19 of the Act is amended by striking out “The office of the Board” and substituting “The head office of the Board”.

3( 9) Subsection 23(1) of the Act is amended

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

(a.1) the Acts referred to in the definition “financial and consumer services legislation” in section 1,

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

(c.1) the Mining Act, and

3( 10) Section 27 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “one member becomes incapacitated or dies” and substituting “one member becomes incapacitated, retires, resigns or dies”;

(b) by repealing subsection (a) of the English version and substituting the following:

(a) the Chairperson may appoint and authorize another member to replace the incapacitated, retired, resigned or deceased member for the rest of the hearing and participate in the decision, if the incapacity, retirement, resignation or death occurs during the hearing, or

(c) in paragraph (b) of the English version by striking out “the incapacitated or deceased member” and substituting “the incapacitated, retired, resigned or deceased member”.

3( 11) Subsection 27.1(1) of the Act is amended by adding after paragraph (h) the following:

(h.1) any agreement or written undertaking entered into to dispose of an administrative proceeding under financial and consumer services legislation;

(h.2) any matter under the Mining Act required or authorized to be heard or otherwise dealt with by the Board;

3( 12) Section 29 of the Act is amended by striking out “The Board and the Chairperson or Vice-Chairperson” and substituting “The Board, Chairperson and Vice-Chairperson”.

3( 13) Subsection 40(1) of the Act is amended by striking out “with respect to any matter before it” and substituting “with respect to any matter before it or on application”.

3( 14) Section 43 of the Act is repealed and the following is substituted:

43 The Board may reconsider any order made by it and review, rescind or vary the order if it considers it advisable to do so.

3( 15) Subsection 46(2) of the Act is amended by striking out “within 30 days” and substituting “within 60 days”.

3( 16) The heading “Costs” preceding section 47 of the Act is repealed and the following is substituted:

Security for costs

3( 17) The Act is amended by adding after section 47 the following:

Costs

47.1( 1) For the purposes of this section, “intervener” means the person, other than the Public Intervener, authorized by the Board in accordance with its own procedure to participate as a party to the proceeding, including an investigation or review.

47.1( 2) The Board may, in any proceeding before it, order, subject to subsection (3), the costs of and incidental to any proceeding be paid in the amounts or proportions by or to a party to the proceeding.

47.1( 3) The Board shall not make an order under subsection (2)

(a) when the proceeding results from financial and consumer services legislation, and

(b) with respect to the Public Intervener referred to in section 49.

47.1( 4) The Board shall adopt procedures with respect to costs to be paid to an intervener under subsection (2).

3( 18) Subsection 49(1) of the Act is amended by striking out “When a proceeding” and substituting “Except when a proceeding results from the application of financial and consumer services legislation or the Mining Act, when a proceeding”.

3( 19) The Act is amended by adding the following after section 49:

Assisting the Board

49.1( 1) For the purposes of this section, “regulator” means a regulator as defined in the Financial and Consumer Services Commission Act.

49.1( 2) On application of the Board following the commencement of a proceeding resulting from the application of financial and consumer services legislation, a regulator who is not already a party to the proceedings may render assistance to the Board without becoming a party to the proceedings and the Board may receive and accept information from the regulator that it considers relevant, whether or not the information would be admissible in a court of law.

3( 20) Section 50 of the Act is amended

(a) in subsection (2) by adding after paragraph (d) the following:

(d.1) Financial and Consumer Services Commission under the Financial and Consumer Services Commission Act;

(d.2) Minister of Natural Resources and Energy Development for the purposes of the Mining Act;

(b) by adding the following after subsection (5):

50( 5.1) If, in any fiscal year, the amount of the annual expenses of the Board exceeds the amount of annual expenses determined by the Board under paragraph (3)(a), the Board, in a manner that to it appears appropriate, may at any time during that fiscal year determine an additional assessment for one or more of the persons referred to in subsection (2) for its direct expenses and its share of the common expenses.

3( 21) Subsection 52(1) of the Act is amended by striking out “A person aggrieved by an order or decision of the Board” and substituting “Except when an order or decision is the result of the application of financial and consumer services legislation, a person aggrieved by an order or decision of the Board in a matter”.

3( 22) Section 62 of the Act is amended by striking out “and by such other means” and substituting “or by any other means”.

TRANSITIONAL AND CONSEQUENTIAL AMENDMENTS

Transitional provisions

4( 1) A member of the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, who held office immediately before the commencement of this section shall be deemed to have been appointed under paragraph 4(1)(a) of that Act, as enacted by paragraph 3(2)(a) of this Amending Act.

4( 2) The Chairperson and Vice-Chairperson of the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, who held office immediately before the commencement of this section shall be deemed to have been appointed under paragraph 4(1)(a) of that Act, as enacted by paragraph 3(2)(a) of this Amending Act.

4( 3) For the purposes of subsection (1), the commencement date of the term of office of a member referred to in subsection (1) is the date the member was appointed as a member under subsection 4(1) of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, as it existed immediately before the commencement of this section.

4( 4) For the purposes of subsection (2), the commencement date of the term of office of the Chairperson and Vice-Chairperson of the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is the date the Chairperson and Vice-Chairperson were appointed as Chairperson and Vice-Chairperson, as the case may be, under subsection 4(2) of that Act as it existed immediately before the commencement of this section.

4( 5) Subsections 5(1) and (3) of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, as enacted by subsection 3(3) of this Amending Act, apply to the term of office of the members referred to in this section.

4( 6) Subsection 5.1(3) of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, as enacted by subsection 3(4) of this Amending Act, applies to the term of office of the Chairperson referred to in this section.

4( 7) Subsections 5.2(1) and (3) of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, as enacted by subsection 3(5) of this Amending Act, apply to the term of office of the Vice-Chairperson referred to in this section.

4( 8) Subject to subsection (9), the procedures adopted by the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, under subsection 47.1(4) of this Act, as enacted by subsection 3(17) of this Amending Act, apply only to a proceeding, including an investigation or review, before the Board after the commencement of this section.

4( 9) The procedures referred to in subsection (8) do not apply to

(a) appeals dealt with by the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, and applications dealt with and hearings held by the Board under section 84.4 of the Financial and Consumer Services Commission Act, chapter 30 of the Acts of New Brunswick, 2013, as enacted by subsection 1(34) of this Amending Act,

(b) hearings completed by the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, under subsection 84.5(5) of the Financial and Consumer Services Commission Act, chapter 30 of the Acts of New Brunswick, 2013, as enacted by subsection 1(34) of this Amending Act,

(c) applications dealt with by the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, under subsection 128.4(5) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, as enacted by subsection 2(48) of this Amending Act, and

(d) hearings held or completed by the New Brunswick Energy and Utilities Board continued under section 3 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, under subsection 128.5(6) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, as enacted by subsection 2(48) of this Amending Act.

Auctioneers Licence Act

5 Section 1 of the Auctioneers Licence Act, chapter 117 of the Revised Statutes, 2011, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Collection and Debt Settlement Services Act

6 Section 1 of the Collection and Debt Settlement Services Act, chapter 126 of the Revised Statutes, 2011, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Cooperatives Act

7 Section 1 of the Cooperatives Act, chapter 24 of the Acts of New Brunswick, 2019, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Cost of Credit Disclosure and Payday Loans Act

8 Subsection 1(1) of the Cost of Credit Disclosure and Payday Loans Act, chapter C-28.3 of the Acts of New Brunswick, 2002, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Credit Reporting Services Act

9 Section 1 of the Credit Reporting Services Act, chapter 27 of the Acts of New Brunswick, 2017, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Credit Unions Act

10 Section 1 of the Credit Unions Act, chapter 25 of the Acts of New Brunswick, 2019, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Direct Sellers Act

11 Section 1 of the Direct Sellers Act, chapter 141 of the Revised Statutes, 2011, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Insurance Act

12 Section 1 of the Insurance Act, chapter I-12 of the Revised Statutes, 1973, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act; (Tribunal)

Loan and Trust Companies Act

13 Subsection 1(1) of the Loan and Trust Companies Act, chapter L-11.2 of the Acts of New Brunswick, 1987, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act; (Tribunal)

Mortgage Brokers Act

14 Subsection 1(1) of the Mortgage Brokers Act, chapter 41 of the Acts of New Brunswick, 2014, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Pension Benefits Act

15 Subsection 1(1) of the Pension Benefits Act, chapter P-5.1 of the Acts of New Brunswick, 1987, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act; (Tribunal)

Pre-arranged Funeral Services Act

16 Section 1 of the Pre-arranged Funeral Services Act, chapter 109 of the Revised Statutes, 2012, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Real Estate Agents Act

17 Section 1 of the Real Estate Agents Act, chapter 215 of the Revised Statutes, 2011, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Securities Act

18 Subsection 1(1) of the Securities Act, chapter S-5.5 of the Acts of New Brunswick, 2004, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)

Unclaimed Property Act

19 Section 1 of the Unclaimed Property Act, chapter 5 of the Acts of New Brunswick, 2020, is amended by repealing the definition “Tribunal” and substituting the following:

“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act. (Tribunal)