Bill 18 - Mactaquac Life Achievement Project Act

BILL 18

Mactaquac Life Achievement Project Act

His 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.

“Mactaquac Life Achievement Project” means the construction projects undertaken for the rehabilitation of the Mactaquac Generating Station. (projet d’atteinte de durée de vie utile de la centrale de Mactaquac)

“major project” means a major project as defined in the Industrial Relations Act. (projet majeur)

Security to be provided and holdbacks

2( 1) Subject to subsection (2) and despite section 83 of the Construction Remedies Act, a contract in relation to the Mactaquac Life Achievement Project is exempt from the requirement under the Construction Remedies Act for a contractor to provide to the owner a labour and material payment bond and a performance bond.

2( 2) The exemption in subsection (1) applies only if the New Brunswick Power Corporation’s Board of Directors approves alternate security to be provided by a contractor to the owner, including the form and amount of any alternate security to be provided.

2( 3) Despite subsection 34(4) of the Construction Remedies Act, in the case of a contract referred to in subsection (1), the percentage referred to in subsections 34(1), (2) and (3) of that Act shall be read as 5%.

Exemption from Procurement Act

3 The Mactaquac Life Achievement Project is a non-routine capital project, and the procurement of goods, services and construction services related to the Mactaquac Life Achievement Project is exempt from the provisions of the Procurement Act and the regulations under that Act.

Exemption from section 46 of the Electricity Act

4( 1) Subject to subsections (2) and (3) and despite section 46 of the Electricity Act, the New Brunswick Power Corporation is exempt from the requirement to pay annually to the Minister of Finance and Treasury Board fees in respect of

(a) sums advanced or applied under subsection 44(1) of the Electricity Act in respect of the Mactaquac Life Achievement Project, and

(b) guarantees given under subsection 44(4) of the Electricity Act in respect of the Mactaquac Life Achievement Project.

4( 2) The exemption in paragraph (1)(a) applies only

(a) if the sums advanced or applied are by way of a loan from the Government of Canada or a federal Crown corporation, including the Canada Infrastructure Bank (CIB), and

(b) the Minister of Finance and Treasury Board approves the exemption.

4( 3) The exemption in paragraph (1)(b) applies only if the Minister of Finance and Treasury Board approves the exemption.

Designation of Mactaquac Life Achievement Project as a major project

5( 1) Subject to subsection (3) and despite sections 51.1, 51.11, 51.2 and 51.21 of the Industrial Relations Act, the Mactaquac Life Achievement Project is designated as a major project for the purposes of that Act.

5( 2) The geographic area of the Mactaquac Life Achievement Project is described in Schedule A.

5( 3) The following work carried out within the geographic area referred to in subsection (2) is excluded from the major project designation:

(a) work that is not related to the Mactaquac Life Achievement Project; and

(b) work carried out by the New Brunswick Power Corporation.

5( 4) A reference to “the commencement of a regulation” or to “the commencement of the regulation” in subsections 51.3(1) and (2) of the Industrial Relations Act shall with respect to the Mactacquac Life Achievement Project be read as “the commencement of section 5 of the Mactaquac Life Achievement Project Act”.

5( 5) A reference to “the geographic area described in the regulation” in subsections 51.5(1) and (2) of the Industrial Relations Act shall with respect to the Mactacquac Life Achievement Project be read as “the geographic area described in Schedule A of the Mactaquac Life Achievement Project Act”.

Revocation of designation of Mactaquac Life Achievement Project as a major project

6( 1) The Lieutenant-Governor in Council may make an order revoking in whole or in part the designation of the Mactaquac Life Achievement Project as a major project.

6( 2) Despite section 51.8 of the Industrial Relations Act, when the designation of the Mactacquac Life Achievement Project as a major project is revoked in whole or in part by an order under subsection (1), the employer, the employers’ organization or the accredited employers’ organization and the trade union or the council of trade unions shall, on the date the order is effective and to the extent of the revocation, revert to the rights, duties and obligations that were obtained under the Industrial Relations Act before the designation so far as the rights, duties and obligations have continued, subject to such rights, duties and obligations, if any, that may have arisen under the Industrial Relations Act after the designation.

6( 3) The Regulations Act does not apply to an order made under subsection (1).

Commencement

7( 1) Section 2 of this Act is deemed to have come into force on October 1, 2025.

7( 2) Section 5 of this Act comes into force on a day to be fixed by proclamation.

SCHEDULE A

All that certain lot, piece or parcel of land situate, lying and being in the Parish of Bright, County of York, and Province of New Brunswick, being more particularly described as follows:

Beginning at a point having coordinates of 2471342.877E, 7438479.009N; thence on an azimuth of 328°11’00” a distance of 700.743 meters to a point having coordinates 2470973.444E, 7439074.458N; thence on an azimuth of 348°55’09” a distance of 1138.150 meters to a point having coordinates 2470754.701E, 7440191.390N; thence on an azimuth of 68°46’51” an approximate distance of 210 metres ± to a point being or intended to be on the easterly limits of Route 105; thence on an azimuth of 120°42’39” an approximate distance of 371 meters ± to a point being or intended to be on the north-westerly limits of Route 105; thence following along the course of Route 105 in an Easterly direction being an offset distance from the centerline of Route 105 a distance of 15.24 metres to a point having coordinates of 2471720.890E, 7440383.912N; thence on an azimuth of 69°31’34” a distance of 57.150 metres to a point having coordinates 2471774.430E, 7440403.902N; thence on an azimuth of 70°12’28” a distance of 10.000 metres to a point having coordinates of 2471783.839E, 7440407.288N; thence on an azimuth of 70°12’28” a distance of 140.230 metres to a point an offset distance from the centerline of Route 105 a distance of 15.24 metres and having coordinates 2471915.785E, 7440454.771N; thence on an azimuth of 159°27'11” an approximate distance of 411.5 metres ± being or intended to be on the Northerly bank of the Saint John River, then following in a South-westerly direction following along the northerly bank of the Saint John River to a point having coordinates of 2471915.742E, 7439798.636N; thence on an azimuth of 154°00’50” a distance of 317.211 meters or to the southerly bank of the Saint John River or to the limits of the Kingsclear First Nation property, thence following in a Southerly direction along the Westerly limits of the Kingsclear First Nation property to a point located on the northerly limits of the French Village Road; thence an approximate distance of 920 meters ± following along the northerly limits of the French Village road to a point being intended to be 10.0584 metres offset from the centerline of the French Village road having coordinates of 2471695.653E, 7438330.517N; thence on an azimuth of 218°29’32 a distance of 346.197 metres to a point having coordinates of 2471480.178E, 7438059.551N; thence on an azimuth of 220°32’23” a distance of 158.562 metres to a point having coordinates of 2471377.117E, 7437939.051N; thence on an azimuth of 224°50’00” a distance of 223.870 metres to a point having coordinates of 2471219.278E, 7437780.292N; thence along the arc of a curve having a radius point coordinates of 2471366.037E, 7437634.380N with a radius distance of 206.95 meters and along the arc of the curve in a counter-clockwise direction a distance of 52.86 metres to a point having coordinates of 2471187.173E, 7437738.477N; thence on an azimuth of 210°11’54” a distance of 61.462 meters to a point having coordinates of 2471156.258E, 7437685.356N; thence on an azimuth of 327°03’40” a distance of 93.208 metres to a point having coordinates of 2471105.578E, 7437763.582N; thence on an azimuth of 37°28’50” a distance of 254.000 metres to point having coordinates of 2471260.125E, 7437965.154N; thence on an azimuth of 52°22’26” a distance of 48.650 metres to a point having coordinates of 2471298.665E, 7437994.844N; thence on an azimuth of 24°26’00” a distance of 49.092 metres to a point having coordinates of 2471318.971E, 7438039.539N; thence on an azimuth of 325°43’18” a distance of 65.002 metres to a point having coordinates of 2471282.361E, 7438093.251N; thence on an azimuth of 264°17’41” a distance of 68.000 metres to a point having coordinates of 2471214.698E, 7438086.491N; thence on an azimuth of 16°55’20” a distance of 199.750 metres to a point having coordinates of 2471272.733E, 7438277.241N; thence on an azimuth of 17°32’50” a distance of 132.180 metres to a point having coordinates of 2471312.584E, 7438403.271N; thence on an azimuth of 21°48’00” a distance of 81.572 metres to a point having coordinates of 2471342.877E, 7438479.009N, said point being the point of beginning.

The above-described parcel of land is more fully shown on a drawing by New Brunswick Power Corporation bearing Number 0670-10200-3001-001-SP.