Legislative Assembly of New Brunswick
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Electricity Act

Legislature :
54
Session :
5
Bill No. :
30
Member :
Hon. Volpé
First Reading :
2003-1-31
Second Reading :
2003-2-7
Committee of the Whole :
2003-4-4
Amended :
2003-4-4
Third Reading :
2003-4-8
Royal Assent :
2003-4-11
Download PDF :
Bill 30

Text of Bill :
Chapter Outline

PART I
INTERPRETATION
Definitions 1
alternative form of regulation — autre mode de réglementation
ancillary services — services ancillaires
articles — statuts
articles of continuance — statuts de prorogation
average consumer price index — indice moyen des prix à la consommation
Board — Commission
certificate of continuance — certificat de prorogation
common expenses — dépenses communes
consumer — consommateur
consumer price index — indice des prix à la consommation
Corporation — Corporation
direct expenses — dépenses directes
Director — Directeur
Distribution Corporation — Corporation de distribution
distribution electric utility — entreprise de distribution d'électricité
distribution system — réseau de distribution
distributor — distributeur
electronic hearing — audience électronique
Finance Corporation — Corporation financière
Generation Corporation — Corporation de production
generation facility — installation de production
generator — producteur
hearing — audience
industrial customer — client industriel ou clientèle industrielle
inspector — inspecteur
integrated electricity system — réseau électrique intégré
land — bien-fonds
land registration office — bureau d'enregistrement des biens-fonds
licence — licence
licensee — titulaire de la licence
market participant — participant au marché
market rules — règles du marché
Minister — Ministre
municipal distribution utility — entreprise de distribution d'électricité municipale
Nuclear Corporation — Corporation d'énergie nucléaire
oral hearing — audience orale
registered document — document enregistré
regulations — règlements
revenue requirements — besoins en revenus
security — valeur mobilière
SO — ER
SO-controlled grid — réseau contrôlé par l'ER
standard service — service en vertu d'un contrat type
standard service supplier — fournisseur de service en vertu d'un contrat type
subsidiary — filiale
tariff — tarif
transfer order — décret de transfert ou de mutation
transferee — destinataire
Transmission Corporation — Corporation de transport
transmission service — service de transport
transmission system — réseau de transport
transmission tariff — tarif de transport
transmitter — transporteur
works — ouvrage
written hearing — audience écrite
Conflict 2
PART II
RESTRUCTURING OF NEW BRUNSWICK POWER CORPORATION
DIVISION A
CORPORATE REORGANIZATION
Continuance of New Brunswick Power Corporation 3
Subsidiaries of Corporation 4
Transfer of voting shares of subsidiary to Crown 5
Articles of amendment of Corporation or subsidiary 6
Other entities may be created 7
Agency status of Corporation and subsidiaries 8
Application of Proceedings Against the Crown Act 9
Report by corporations 10
Disposition of assets 11
DIVISION B
TRANSFER ORDERS
Transfer orders 12
Publication of date of transfer order 13
Description of things transferred 14
Approvals under the Electric Power Act 15
Transfer of officers and employees 16
Payment for transfer 17
Effective date of transfer 18
Statements in registered documents 19
Execution of agreements 20
Enforcement of things transferred 21
Actions and other proceedings 22
Limitation periods 23
Certain rights not affected by transfer 24
No cause of action 25
Conditions on exercise of powers 26
Information 27
Other matters 28
Amendment of transfer order 29
Exemptions from other Acts 30
Limitations 31
Provincial liability 32
DIVISION C
NEW BRUNSWICK ELECTRIC FINANCE CORPORATION
New Brunswick Electric Finance Corporation 33
Agent of Crown 34
Application of Financial Administration Act 35
Use of money received 36
Special payments 37
Money raised for Finance Corporation 38
Liability 39
PART III
NEW BRUNSWICK SYSTEM OPERATOR
New Brunswick System Operator 40
Head Office 41
Objects 42
Not for profit 43
Capacity 44
Not Crown agent 45
Board of directors 46
Director duties 47
Conflict of interest 48
Delegation 49
By-laws 50
Province may purchase securities or give loans 51
Fiscal year 52
Financing of operations 53
Auditor 54
Annual report 55
Other reports 56
Liability 57
PART IV
ELECTRICITY MARKETS
MARKET RULES
Market rules 58
Waiver from market rules 59
Amendments to market rules 60
Urgent amendments 61
Other review of market rules 62
Appeals from orders or decisions of SO 63
Information protected 64
Use of SO-controlled grid 65
TRANSMITTERS
Non-discriminatory access to transmission system 66
Duties of transmitter 67
DISTRIBUTORS
Limitation on distribution 68, 69
Filing of distribution rates 70
Allocation in emergencies 71
Obligation to extend service 72
Termination of service 73
Limitation on liability 74
Rates paid to generator 75
PURCHASE AND SUPPLY OF ELECTRICITY
Standard service supplier 76
Provision of standard service 77
Notice to standard service supplier 78
Fee payable upon leaving standard service 79
Sources of supply for standard service 80
PROPERTY INTERESTS AND ACCESS
Underground cables 81
Works affixed to realty 82
Alteration of works 83
Power of entry 84
EMERGENCIES
Emergency plans 85
PART V
REGULATION OF ELECTRICITY
DIVISION A
LICENCES
Prohibitions 86
Order restricting activities 87
Interim licence 88
Application for licence 89
Conditions of licence 90
Amendment of licence 91
Public inspection of licences 92
Orders for ensuring compliance 93
Suspension or revocation of licence 94
Cancellation of licence 95
Transfer of licence 96
DIVISION B
DISTRIBUTION SERVICES
Application 97
Change in charges, rates and tolls without application 98
Limitation 99
Filing of schedules 100
Application for change in charges, rates and tolls 101
Collection of charges, rates and tolls 102
Review of charges, rates and tolls 103
Filing of order or decision 104
Modification or reversal by Lieutenant-Governor in Council 105
Appeal 106
DIVISION C
TRANSMISSION AND ANCILLARY SERVICES
Application 107
Tariff must provide for open access 108
Question of fact 109
Prohibition 110
Application for approval of tariff 111
Collection under a tariff 112
Filing of order or decision 113
Review 114
Appeal 115
DIVISION D
PUBLIC UTILITIES BOARD
Board has powers and privileges of commissioners 116
Jurisdiction with respect to law and fact 117
Forbearance 118
Policies and rules 119
Rules of the Board 120
Appointment of counsel, experts and others 121
Privilege of board members and employees 122
Hearing respecting change in rates 123
Order respecting application 124
Just and reasonable rates 125
Joint hearings 126
Monitoring of electricity sector 127
Powers of inquiry 128
Orders of the Board 129
Order in the public interest 130
Effective date of order 131
Substantial compliance 132
Confidentiality of information 133
Copies as evidence 134
Furnishing of certificates and copies to Board 135
Provision of information to Board 136
Assessment of Board expenses 137
Annual report 138
Appointment of inspectors 139
Inspections 140
Penalties imposed by Board 141
PART VI
GENERAL
Electricity from renewable resources 142
Segregated funds 143
Change of name of corporations 144
Prohibitions 145
Offences and penalties 146, 147
Administration of Act 148
Regulations 149
Transitional provisions 150-158
PART VII
CONSEQUENTIAL AMENDMENTS
Act Respecting the Penalties for Provincial Offences 159
Arts Development Trust Fund Act 160
Auditor General Act 161
Conflict of Interest Act 162
Crown Construction Contracts Act 163
Edmundston Act, 1998 164
Emergency Measures Act 165
Environmental Trust Fund Act 166
Legislative Assembly Act 167
New Brunswick Investment Management Corporation Act 168
Proceedings Against the Crown Act 169
Provincial Loans Act 170
Public Purchasing Act 171
Public Service Labour Relations Act 172
Public Service Superannuation Act 173, 174
Public Utilities Act 175
Public Works Act 176
Right to Information Act 177
Sport Development Trust Fund Act 178
PART VIII
REPEAL AND COMMENCEMENT
Repeal of Electric Power Act 179
Commencement 180


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

PART I
INTERPRETATION
Definitions
1 In this Act

"alternative form of regulation" means a method of establishing just and reasonable charges, rates, tolls and tariffs by performance based regulation, including earnings sharing, price caps, price indexing formulas, ranges of authorized rates of return, and the reduction or suspension of regulatory requirements, without regard to methods based strictly upon cost of service, rate base and rate of return; (« autre mode de réglementation »)

"ancillary services" means services necessary to maintain the reliability of the SO-controlled grid, including frequency control, voltage control, reactive power and operating reserve services; (« services ancillaires »)

"articles" means articles as defined in the Business Corporations Act; (« statuts »)

"articles of continuance" means the articles of continuance under the Business Corporations Act submitted to the Director by the New Brunswick Power Corporation; (« statuts de prorogation »)

"average consumer price index" means the latest available average consumer price index for 12 full calendar months; (« indice moyen des prix à la consommation »)

"Board" means the Board of Commissioners of Public Utilities constituted under the Public Utilities Act; (« Commission »)

"certificate of continuance" means the certificate of continuance under the Business Corporations Act issued to the Corporation by the Director pursuant to subsection 3(6); (« certificat de prorogation »)

"common expenses" means the expenses of the Board that are not direct expenses; (« dépenses communes »)

"consumer" means a person who uses, for the person's own consumption, electricity that the person did not generate; (« consommateur »)

"consumer price index" means the consumer price index published for New Brunswick under the Statistics Act (Canada); (« indice des prix à la consommation »)

"Corporation" means the New Brunswick Power Corporation as continued under the Business Corporations Act under the name New Brunswick Power Holding Corporation; (« Corporation »)

"direct expenses" means the expenses of the Board that, in the opinion of the Board, are directly attributable to the Distribution Corporation, the SO, a transmitter or a licensee; (« dépenses directes »)

"Director" means Director as defined in the Business Corporations Act; (« Directeur »)

"Distribution Corporation" means the New Brunswick Power Distribution and Customer Service Corporation incorporated under the Business Corporations Act pursuant to section 4; (« Corporation de distribution »)

"distribution electric utility" means the Distribution Corporation or a municipal distribution utility; (« entreprise de distribution d'électricité »)

"distribution system" means a system for distributing electricity to consumers at voltages of less than 69 kilovolts, and includes any structures, equipment or other things used for that purpose; (« réseau de distribution »)

"distributor" means a person who owns or operates a distribution system; (« distributeur »)

"electronic hearing" means a hearing held by conference telephone or some other form of electronic technology allowing persons to communicate with one another; (« audience électronique »)

"Finance Corporation" means the New Brunswick Electric Finance Corporation incorporated under the Business Corporations Act pursuant to section 33; (« Corporation financière »)

"Generation Corporation" means the New Brunswick Power Generation Corporation incorporated under the Business Corporations Act pursuant to section 4; (« Corporation de production »)

"generation facility" means a facility for generating electricity or providing ancillary services, other than ancillary services provided by a transmitter through the operation of a transmission system, and includes any structures, equipment or other things used for that purpose; (« installation de production »)

"generator" means a person who owns or operates a generation facility; (« producteur »)

"hearing" means a public hearing which may be an electronic hearing, an oral hearing or a written hearing; (« audience »)

"industrial customer" means an industrial customer as defined in the regulations; (« client industriel ou clientèle industrielle »)

"inspector" means an inspector appointed under section 139; (« inspecteur »)

"integrated electricity system" means the SO-controlled grid and the structures, equipment or other things that connect the SO-controlled grid with transmission systems and distribution systems in New Brunswick and transmission systems outside New Brunswick; (« réseau électrique intégré »)

"land" includes any estate, term, easement, right or interest therein; (« biens-fonds »)

"land registration office" means a registry office established under the Registry Act or a land titles office established under the Land Titles Act; (« bureau d'enregistrement des bien-fonds »)

"licence" means a licence issued under Part V; (« licence »)

"licensee" means the holder of a licence issued under Part V; (« titulaire de la licence »)

"market participant" means a person who is licensed by the Board under Part V and authorized by the SO to provide or convey, or to cause to be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid; (« participant au marché »)

"market rules" means the rules made under section 58; (« règles du marché »)

"Minister" means the Minister of Natural Resources and Energy; (« Ministre »)

"municipal distribution utility", with respect to the distribution of electricity, means

(a) The Power Commission of The City of Saint John,

(b) the city of Edmundston, or

(c) the Perth-Andover Electric Light Commission; (« entreprise de distribution d'électricité municipale »)

"Nuclear Corporation" means the New Brunswick Power Nuclear Corporation incorporated under the Business Corporations Act pursuant to section 4; (« Corporation d'énergie nucléaire »)

"oral hearing" means a hearing at which the parties or their counsel or representatives attend before the Board in person; (« audience orale »)

"registered document" means a document registered or deposited under the Registry Act or registered under the Land Titles Act; (« document enregistré »)

"regulations" means the regulations made under this Act; (« règlements »)

"revenue requirements" means the annual amount of revenue required to cover projected operation, maintenance and administrative expenses, amortization expenses, taxes and payments in lieu of taxes, interest and other financing expenses and a reasonable return on equity; (« besoins en revenus »)

"security" means a security as defined in the Business Corporations Act; (« valeur mobilière »)

"SO" means the New Brunswick System Operator established under section 40; (« ER »)

"SO-controlled grid" means the transmission systems with respect to which, pursuant to agreements, the SO has authority to direct operations; (« réseau contrôlé par l'ER »)

"standard service" means the electricity service provided by the standard service supplier to a distribution electric utility or industrial customer directly connected to the SO-controlled grid at the charges, rates, tolls and tariffs authorized under Part V; (« service en vertu d'un contrat type »)

"standard service supplier" means the person designated under section 76; (« fournisseur du service en vertu d'un contrat type »)

"subsidiary", with respect to a corporation, has the same meaning as in the Business Corporations Act; (« filiale »)

"tariff" means a schedule of all charges, rates and tolls, terms and conditions, and classifications, including rules for calculation of tolls, established for the provision of either or both of the following:

(a) a transmission service;

(b) an ancillary service; (« tarif »)

"transfer order" means an order made under section 12; (« décret de transfert ou de mutation »)

"transferee" means a person to whom officers, employees, assets, liabilities, rights or obligations are transferred by a transfer order; (« destinataire »)

"Transmission Corporation" means the New Brunswick Power Transmission Corporation, incorporated under the Business Corporations Act pursuant to section 4; (« Corporation de transport »)

"transmission service" means the movement or transfer of electricity at voltages of 69 kilovolts or more over an interconnected group of lines and associated equipment between points of supply and points at which it is transformed for delivery to a consumer or is delivered to another electric system; (« service de transport »)

"transmission system" means the facilities that are used to provide transmission service, and includes any structures, equipment or other things used for that service; (« réseau de transport »)

"transmission tariff" means a tariff approved under Part V; (« tarif de transport »)

"transmitter" means a person who owns or operates a transmission system; (« transporteur »)

"works" means the facilities that are used to provide a distribution or transmission service, and includes any structures, equipment or other things used for that service; (« ouvrage »)

"written hearing" means a hearing held by exchanging documents, whether in written form or electronically. (« audience écrite »)

Conflict
2(1) If a conflict exists between a provision of this Act or any regulation made under this Act, and a provision under another Act or any regulation under that Act, the provision under this Act or the regulation made under this Act prevails.

2(2) If a conflict exists between a provision of a transmission tariff and a provision of the market rules, the provision under the transmission tariff prevails.

PART II
RESTRUCTURING OF NEW BRUNSWICK POWER CORPORATION
DIVISION A
CORPORATE REORGANIZATION
Continuance of New Brunswick Power Corporation
3(1) Notwithstanding any provision of the Business Corporations Act, the New Brunswick Power Corporation shall, on the date this section comes into force, apply to continue under the Business Corporations Act as a corporation with share capital under the name New Brunswick Power Holding Corporation.

3(2) The purposes of the Corporation shall include, in addition to any other purposes, the provision of assistance or services to the subsidiaries established under subsection 4(1), as may be agreed upon between the corporations.

3(3) The articles of continuance shall provide for the creation of one or more voting shares which shall be issued to Her Majesty in right of the Province.

3(4) Other classes of shares may be created by the articles of continuance as the Lieutenant-Governor in Council directs.

3(5) The articles of continuance shall be submitted to and approved by the Lieutenant-Governor in Council before submission to the Director.

3(6) Notwithstanding any provision of the Business Corporations Act, on submission of articles of continuance, together with the documents prescribed by sections 17 and 64 of the Business Corporations Act, the Director shall accept the articles submitted and documents filed, and, on the date this section comes into force, issue a certificate of continuance.

3(7) On the date shown in the certificate of continuance

(a) the New Brunswick Power Corporation, under the name New Brunswick Power Holding Corporation, becomes a corporation to which, subject to this Act, the Business Corporations Act applies as if it had been incorporated under that Act,

(b) the articles of continuance shall be deemed to be the articles of incorporation of the Corporation, and

(c) the certificate of continuance shall be deemed to be the certificate of incorporation of the Corporation.

3(8) A certificate of continuance referred to in subsection (6) shall be deemed to be effective immediately upon the expiration of the previous day.

Subsidiaries of Corporation
4(1) The Lieutenant-Governor in Council may cause the Corporation to incorporate the following subsidiaries of the Corporation under the Business Corporations Act:

(a) a corporation under the name New Brunswick Power Nuclear Corporation, whose purposes include, in addition to any other purposes, owning and operating generation facilities that are nuclear generating stations;

(b) a corporation under the name New Brunswick Power Generation Corporation, whose purposes include, in addition to any other purposes, owning and operating generation facilities other than nuclear generating stations;

(c) a corporation under the name New Brunswick Power Transmission Corporation, whose purposes include, in addition to any other purposes, owning and operating transmission systems; and

(d) a corporation under the name New Brunswick Power Distribution and Customer Service Corporation, whose purposes include, in addition to any other purposes, owning and operating distribution systems and providing customer services in relation to the provision of electricity through those systems.

4(2) The Lieutenant-Governor in Council may cause the Corporation to incorporate other subsidiaries of the Corporation under the Business Corporations Act.

4(3) The capital of a subsidiary of the Corporation may include different classes of shares.

4(4) The articles of incorporation of each subsidiary of the Corporation shall be submitted to and approved by the Lieutenant-Governor in Council before submission to the Director.

4(5) If this section comes into force before section 3, a reference in this section to "Corporation" shall be read as a reference to "New Brunswick Power Corporation" until section 3 comes into force.

Transfer of voting shares of subsidiary to Crown
5 On the first anniversary of the date of the commencement of this section, the Corporation shall transfer to Her Majesty in right of the Province the voting share or shares of the Transmission Corporation held by the Corporation.

Articles of amendment of Corporation or subsidiary
6(1) The name of the Corporation, or a subsidiary of the Corporation, may be changed by articles of amendment under the Business Corporations Act.

6(2) Any articles of amendment proposed to be adopted by the shareholders of the Corporation or a subsidiary of the Corporation, including articles of amendment changing the name of the subsidiary, shall be submitted to and approved by the Lieutenant-Governor in Council before submission to the Director.

6(3) Subsections (1) and (2) apply with the necessary modifications to the Transmission Corporation on and after the date referred to in section 5.

Other entities may be created
7 The Lieutenant-Governor in Council may cause corporations or other entities to be created, or arrangements to be made, including trusts, leases, partnerships, joint ventures or operating agreements, for giving effect to the purposes of this Part.

Agency status of Corporation and subsidiaries
8(1) The Corporation is not an agent of the Crown for any purpose.

8(2) The Distribution Corporation, the Generation Corporation and the Transmission Corporation are not agents of the Crown for any purpose.

8(3) The Nuclear Corporation is an agent of the Crown for all purposes.

Application of Proceedings Against the Crown Act
9(1) Notwithstanding the definition of "Crown corporation" in the Proceedings Against the Crown Act, the Corporation is not a Crown corporation for the purposes of that Act.

9(2) Notwithstanding the definition of "Crown corporation" in the Proceedings Against the Crown Act, the Distribution Corporation, the Generation Corporation and the Transmission Corporation are not Crown corporations for the purposes of that Act.

Report by corporations
10(1) The Corporation shall, within 6 months after the termination of its fiscal year, submit to the Minister an audited report, in such form as the Minister may direct, on the operations of the Corporation and the subsidiaries of the Corporation for that fiscal year and the Minister shall table the report in the Legislative Assembly if it is then sitting or, if it is not then sitting, when it next sits.

10(2) The Transmission Corporation shall, within 6 months after the termination of its fiscal year, submit to the Minister an audited report, in such form as the Minister may direct, on its operations for each fiscal year after the date referred to in section 5, and the Minister shall table the report in the Legislative Assembly if it is then sitting or, if it is not then sitting, when it next sits.

Disposition of assets
11(1) Her Majesty in right of the Province, when authorized by the Lieutenant-Governor in Council, may

(a) cause the Generation Corporation to sell all or part of its assets comprising the Coleson Cove generation facility,

(b) cause the Generation Corporation to enter into an arrangement, including a trust, lease, partnership, joint venture or operating agreement, with respect to the Coleson Cove generation facility, or

(c) cause the Nuclear Corporation to enter into an arrangement, including a trust, lease, partnership, joint venture or operating agreement, with respect to the Point Lepreau nuclear generation facility,

upon such terms and conditions as the Lieutenant-Governor in Council considers appropriate.

11(2) Her Majesty in right of the Province may acquire any assets disposed of or otherwise dealt with pursuant to subsection (1) upon such terms and conditions as the Lieutenant-Governor in Council considers appropriate.

11(3) Nothing in this section prevents the Generation Corporation or the Nuclear Corporation from acquiring, disposing of or otherwise dealing with any assets used at or in connection with the generation facilities referred to in subsection (1) in the normal course of business.

DIVISION B
TRANSFER ORDERS
Transfer orders
12(1) The Lieutenant-Governor in Council may make orders transferring officers, employees, assets, liabilities, rights and obligations of the Corporation to

(a) the Nuclear Corporation,

(b) the Generation Corporation,

(c) the Transmission Corporation,

(d) the Distribution Corporation,

(e) the Finance Corporation,

(f) the SO,

(g) Her Majesty in right of the Province, or

(h) any other person.

12(2) A transfer order is binding upon the Corporation, the transferee and all other persons.

12(3) Subsection (2) applies notwithstanding any public or special Act or any rule of law, including an Act or rule of law that requires notice or registration of transfers.

12(4) A transfer order does not require the consent of the Corporation, the transferee or any other person.

12(5) Notwithstanding subsection (4), the consent of the transferee is required if the transferee is a person other than a person specified in paragraphs (1)(a) to (g).

12(6) The Regulations Act does not apply to a transfer order.

12(7) A transfer order under subsection (1)

(a) may only be made within the period of 2 years after the commencement of this section, and

(b) may not specify an effective date under subsection 18(1) later than 2 years after the commencement of this section.

Publication of date of transfer order
13(1) The Minister shall, within 90 days after a transfer order is made or amended, publish notice of the date in The Royal Gazette.

13(2) Notice of the date that a transfer order was amended shall identify the transfer order that was amended.

13(3) Failure to comply with this section does not affect the validity of a transfer order or any amendment to a transfer order.

Description of things transferred
14 A transfer order may describe officers, employees, assets, liabilities, rights and obligations to be transferred

(a) by reference to specific officers, employees, assets, liabilities, rights and obligations,

(b) by reference to any class of officers, employees, assets, liabilities, rights and obligations, or

(c) partly in accordance with paragraph (a) and partly in accordance with paragraph (b).

Approvals under the Electric Power Act
15 If the approval of the Lieutenant-Governor in Council was at any time required under the Electric Power Act or a predecessor of that Act with respect to an asset, liability, right or obligation that is to be transferred by or pursuant to a transfer order, the approval shall be deemed to have been given.

Transfer of officers and employees
16(1) The office or employment of an officer or employee who is transferred by or pursuant to a transfer order is not terminated by the transfer and shall be deemed to have been transferred to the transferee without interruption in service.

16(2) Service with the Corporation of an officer or employee who is transferred by or pursuant to a transfer order shall be deemed to be service with the transferee for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.

16(3) An officer or employee who is transferred by or pursuant to a transfer order shall be deemed not to have been constructively dismissed.

16(4) If an officer or employee is transferred by or pursuant to a transfer order, nothing in this Act

(a) prevents the office or employment from being lawfully terminated after the transfer, or

(b) prevents any term or condition of the office or employment from being lawfully changed after the transfer.

Payment for transfer
17(1) A transfer order may require the Corporation or the transferee to pay for anything transferred by or pursuant to the order and may specify to whom the payment shall be made.

17(2) A transfer order may

(a) fix the amount of the payment,

(b) specify a method for determining the amount of the payment, or

(c) provide that the amount of the payment be determined by the Minister of Finance or a person designated by the Minister of Finance.

17(3) A transfer order may require that the payment be made in cash, by set off, through the issuance of securities or in any other form specified by the order.

17(4) If a transfer order requires that the payment be made through the issuance of securities, it may specify the terms and conditions of the securities or may authorize the Minister of Finance or a person designated by the Minister of Finance to specify the terms and conditions.

17(5) A transfer order may

(a) fix the value of anything transferred by or pursuant to the order,

(b) specify a method for determining the value of anything transferred by or pursuant to the order, or

(c) provide that the value of anything transferred by or pursuant to the order be determined by the Minister of Finance or a person designated by the Minister of Finance.

Effective date of transfer
18(1) A transfer order may specify the date that a transfer takes effect and any interest in property that is transferred by the order vests in the transferee on that date.

18(2) A transfer order may provide that a transfer not take effect until payment has been made for anything transferred by or pursuant to the order.

18(3) A transfer order may provide that a transfer shall be deemed to have taken effect on a date earlier than the date the transfer order is made, but the effective date shall not be earlier than the date of commencement of this section.

18(4) A transfer order may provide that transfers specified in the order and other transactions associated with the transfers shall be deemed to have occurred in a sequence and at times specified in the order.

Statements in registered documents
19(1) A statement in a registered document to which a person referred to in subsection (2) is a party, that land described in the document was transferred to the person from the Corporation by or pursuant to a transfer order, and any other statement in the document relating to the transfer order shall be deemed to be conclusive evidence of the facts stated therein.

19(2) The persons referred to in subsection (1) are

(a) the Nuclear Corporation,

(b) the Generation Corporation,

(c) the Transmission Corporation,

(d) the Distribution Corporation,

(e) the SO,

(f) Her Majesty in right of the Province, and

(g) any other person prescribed by the regulations.

19(3) Subsection (1) does not give any person an interest in land that the Corporation did not have.

19(4) A document that is otherwise capable of being registered or deposited under the Registry Act or registered under the Land Titles Act and that refers to a transfer order may be registered or deposited under the Registry Act or registered under the Land Titles Act, notwithstanding any provision of those Acts.

19(5) Where a transfer order transfers any land to a person, the Minister shall file a copy of the transfer order in the land registration office in the county or counties in which the land is situated.

Execution of agreements
20 A transfer order may require the Corporation or a transferee

(a) to enter into any written agreement or execute any instrument specified in the order, and

(b) to register in accordance with the order any agreement or instrument entered into or executed under paragraph (a).

Enforcement of things transferred
21(1) A transfer order may provide

(a) that any liability or obligation that is transferred by the order may be enforced against the Corporation, the transferee, or both of them,

(b) that any right that is transferred by the order may be enforced by the Corporation, the transferee, or both of them,

(c) that any liability or obligation that is transferred by the order may be transferred to one or more transferees on a joint and several basis, as specified in the order, and

(d) that any liability or obligation that is transferred by the order may be allocated among two or more transferees on the basis set out in the order.

21(2) Subject to subsection (1), the transfer of a liability or obligation under this Part releases the Corporation from the liability or obligation.

Actions and other proceedings
22 Subject to section 21, any action or other proceeding that was commenced by or against the Corporation before a transfer order takes effect and that relates to an officer, employee, asset, liability, right or obligation that is transferred by the order shall be continued by or against the transferee.

Limitation periods
23 An action or other proceeding shall not be commenced against a transferee in respect of any officer, employee, asset, liability, right or obligation that has been transferred to the transferee if, had there been no transfer, the time for commencing the action or other proceeding would have expired.

Certain rights not affected by transfer
24(1) A transfer by or pursuant to a transfer order

(a) shall be deemed not to constitute

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

(ii) a breach of any Act, regulation or municipal by-law, or

(iii) an event of default or force majeure,

(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.

24(2) Subsection (1) does not apply to contracts or classes of contracts prescribed by regulation.

No cause of action
25 Subject to subsection 24(2), nothing in this Act and nothing done by or pursuant to a transfer order creates any new cause of action in favour of

(a) a holder of a debt instrument that was issued by the Corporation and guaranteed by the Province of New Brunswick before the commencement of this section, or

(b) a party to a contract with the Corporation that was entered into before the commencement of this section.

Conditions on exercise of powers
26 A transfer order may impose conditions on the exercise of powers by the transferee that are related to officers, employees, assets, liabilities, rights or obligations transferred by the transfer order.

Information
27 The Corporation shall provide a transferee with records or copies of records, and other information, that are in its custody or control and that relate to an officer, employee, asset, liability, right or obligation that is transferred by or pursuant to a transfer order, including personal information.

Other matters
28 A transfer order may contain provisions dealing with other matters not specifically referred to in this Part that the Lieutenant-Governor in Council considers necessary or advisable in connection with a transfer.

Amendment of transfer order
29(1) The Lieutenant-Governor in Council may, at any time within 24 months after making a transfer order, make a further order amending the transfer order in any way that the Lieutenant-Governor in Council considers necessary or advisable.

29(2) An amendment to a transfer order shall not be made after 4 years after the date on which this section comes into force.

29(3) Subject to subsection (2), this Part applies with necessary modifications to an amendment as if it were a transfer order.

Exemptions from other Acts
30 The Bulk Sales Act, the Real Property Transfer Tax Act, Parts V and VI of the Harmonized Sales Tax Act, and such other Acts or provisions of Acts as are prescribed by the regulations do not apply to any transfer of officers, employees, assets, liabilities, rights or obligations by or pursuant to a transfer order.

Limitations
31(1) If possession of land transferred by or pursuant to a transfer order has been taken by another person, the right of the Corporation or the transferee, or anyone claiming under them, to recover it, is not barred by reason of the lapse of time, notwithstanding the Limitation of Actions Act or any other Act, or by reason of any claim based on possession adverse to it for any period of time that might otherwise be made lawfully at common law, unless it is shown that it had actual notice in writing of the adverse possession, and such notice was had by it 20 years before it or the person claiming under it commenced action to recover the land.

31(2) No claim under subsection (1) shall be acquired by possession, prescription, custom, user or implied grant to any way, easement, watercourse or use of water or water right or privilege of the Corporation or the transferee, or to any way, easement, watercourse, or use of water, or right of drainage along, over, on or from any land, or water, or water right, or privilege of the Corporation or the transferee, notwithstanding the Limitation of Actions Act or any other Act or any claim at common law based on lapse of time, or length of enjoyment or use.

Provincial liability
32(1) The liability of the Province as guarantor of a security or other liability of the Corporation pursuant to a written guarantee given by the Province before the commencement of this section is not limited by anything in this Act or by any transfer by or pursuant to a transfer order.

32(2) The liability of the Province as principal of the Corporation with respect to liabilities and obligations entered into by the Corporation on the Province's behalf before the commencement of this section is not limited by anything in this Act or by any transfer by or pursuant to a transfer order.

DIVISION C
NEW BRUNSWICK ELECTRIC FINANCE CORPORATION
New Brunswick Electric Finance Corporation
33(1) The Lieutenant-Governor in Council may cause a corporation under the name New Brunswick Electric Finance Corporation to be incorporated under the Business Corporations Act.

33(2) The purposes of the Finance Corporation include, in addition to any other purposes,

(a) facilitating the conversion of New Brunswick Power Holding Corporation's debt to appropriate levels of debt in the subsidiaries of the Corporation incorporated pursuant to subsection 4(1), and to assume and reduce the remaining portion of the Corporation's debt, and

(b) managing the assets, liabilities, rights and obligations of the Finance Corporation received as part of the restructuring of New Brunswick Power Holding Corporation, and disposing or otherwise dealing with them as it sees fit.

33(3) The voting share or shares of the Finance Corporation shall be held by Her Majesty in right of the Province.

33(4) Paragraph (2)(a) shall be read as continuing to include the Transmission Corporation on and after the date referred to in section 5.

Agent of Crown
34 The Finance Corporation is an agent of the Crown for all purposes.

Application of Financial Administration Act
35 The Financial Administration Act does not apply to the Finance Corporation.

Use of money received
36 The payments received by the Finance Corporation under section 37 or money received by it by virtue of any securities held by it in the New Brunswick Power Holding Corporation or any of its subsidiaries shall be used by it for the purpose of carrying out the purposes stated in paragraphs 33(2)(a) and (b).

Special payments
37(1) During the period that the Corporation or a subsidiary of the Corporation incorporated pursuant to subsection 4(1) is exempt under subsection 149(1) of the Income Tax Act (Canada) from the payment of tax under that Act, it shall pay to the Finance Corporation in respect of each taxation year an amount equal to the amount of the tax that it would have been liable to pay under that Act if it were not exempt.

37(2) During the period that the Corporation or a subsidiary of the Corporation incorporated pursuant to subsection 4(1) is exempt under subsection 10(1) of the New Brunswick Income Tax Act from the payment of a tax under that Act, it shall pay to the Finance Corporation in respect of each taxation year an amount equal to the amount of the tax that it would be liable to pay under that Act if it were not exempt.

37(3) During the period that the Corporation or a subsidiary of the Corporation incorporated pursuant to subsection 4(1) is exempt under subsection 149(1) of the Income Tax Act (Canada) from the payment of tax under that Act, the Lieutenant-Governor in Council may from time to time order it to pay to the Finance Corporation an amount specified by the Lieutenant-Governor in Council.

37(4) During the period that the Corporation or a subsidiary of the Corporation incorporated pursuant to subsection 4(1) is exempt under subsection 10(1) of the New Brunswick Income Tax Act from the payment of a tax under that Act, the Lieutenant-Governor in Council may from time to time order it to pay to the Finance Corporation an amount specified by the Lieutenant-Governor in Council.

37(5) Subsections (1), (2), (3) and (4) continue to apply to the Transmission Corporation on and after the date referred to in section 5.

Money raised for Finance Corporation
38(1) The Lieutenant-Governor in Council may raise, by way of loan in the manner provided by the Provincial Loans Act, such sums as the Lieutenant-Governor in Council may deem requisite for the purposes of the Finance Corporation, and the sums so raised may either be advanced to the Finance Corporation or applied by the Minister of Finance in the purchase of notes, bonds, debentures or other securities issued by the Finance Corporation.

38(2) The Lieutenant-Governor in Council may guarantee the obligations of the Finance Corporation upon terms and conditions as the Lieutenant-Governor in Council considers appropriate.

Liability
39(1) No action or other civil proceeding shall be commenced against a director, officer or employee of the Finance Corporation for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Act or the regulations, or for any neglect or default in the exercise or performance in good faith of such a power or duty.

39(2) Subsection (1) does not relieve the Finance Corporation of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1).

PART III
NEW BRUNSWICK SYSTEM OPERATOR
New Brunswick System Operator
40 There is established a body corporate to be known as the New Brunswick System Operator consisting of those persons who from time to time comprise the board of directors.

Head office
41 The head office of the SO is at The City of Fredericton.

Objects
42 The objects of the SO are

(a) to exercise and perform the powers, duties and functions assigned to the SO under this Act, the market rules and its licence,

(b) to enter into agreements with transmitters giving the SO the authority to direct the operations of their transmission systems,

(c) to direct the operation and maintain the adequacy and reliability of the SO-controlled grid,

(d) to procure and provide ancillary services,

(e) to maintain the adequacy and reliability of the integrated electricity system,

(f) to enter into interconnection agreements with transmitters,

(g) to work with responsible authorities outside New Brunswick to coordinate the SO's activities with their activities,

(h) to participate with any standards authority in the development of standards and criteria relating to the reliability of transmission systems,

(i) to undertake and coordinate power system planning and development responsibilities to maintain and ensure the adequacy and reliability of the integrated electricity system for present and future needs and for the efficient operation of a competitive market, and

(j) to facilitate the operation of a competitive electricity market.

Not for profit
43 The business and affairs of the SO shall be carried on without the purpose of gain and any revenues shall be used by the SO for the purpose of carrying out its objects.

Capacity
44 The SO has the capacity and the rights, powers and privileges of a natural person for the purpose of carrying out its objects.

Not Crown agent
45(1) The SO is not an agent of the Crown for any purpose.

45(2) Notwithstanding the definition of "Crown corporation" in the Proceedings Against the Crown Act, the SO is not a Crown corporation for the purposes of that Act.

Board of directors
46(1) The board of directors shall manage or supervise the management of the SO's business and affairs.

46(2) The board of directors of the SO shall be composed of not less than 3 and not more than 5 directors appointed by the Lieutenant-Governor in Council, one of whom shall be appointed the chairperson and another who shall be appointed the vice-chairperson.

46(3) A director appointed under subsection (2)

(a) shall meet the eligibility criteria prescribed by regulation,

(b) shall hold office for a term not exceeding 5 years, and

(c) may be reappointed in accordance with the regulations.

46(4) The Lieutenant-Governor in Council or the board of directors may remove a director from office for cause.

46(5) A director ceases to hold office in the circumstances specified in the by-laws.

46(6) Where a vacancy occurs among the members of the board of directors, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the member replaced.

46(7) A member of the board of directors may participate in a meeting of the board of directors or of a committee of the board of directors by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other if

(a) the by-laws so provide, or

(b) subject to the by-laws, all members of the board of directors consent.

46(8) A member of a board of directors participating in a meeting in accordance with subsection (7) shall be deemed to be present at the meeting.

Director duties
47 Every director of the SO shall, in exercising his or her powers and performing his or her duties,

(a) act honestly and in good faith in the best interests of the SO, and

(b) exercise the care, diligence and skill that a reasonably prudent person would in comparable circumstances.

Conflict of interest
48 The directors and officers of the SO shall comply with the provisions of the by-laws relating to conflict of interest.

Delegation
49 Subject to the by-laws, the board of directors of the SO may delegate any of the SO's powers, duties or authorities under this Act to any other person or body, subject to such conditions and restrictions as may be specified by the board of directors.

By-laws
50(1) The board of directors may make by-laws for the control and management of its affairs.

50(2) The board of directors shall make a by-law under subsection (1) dealing with

(a) the appointment of the chief executive officer of the SO,

(b) the removal of directors from office by the board and, for the purposes of subsection 46(5), the circumstances in which a director ceases to hold office,

(c) conflict of interest,

(d) the delegation of the SO's powers and duties, and

(e) the establishment, composition and functions of a market advisory committee and such other committees as the board of directors considers advisable.

50(3) The by-law under subsection (2) may be made only with the approval in writing of the Minister.

50(4) A by-law that repeals or amends a by-law made under subsection (2) shall be filed with the Minister by the board of directors.

50(5) The Minister may disallow a by-law to which subsection (4) applies by written notice to the board of directors given within 60 days after the by-law is filed with the Minister.

50(6) A by-law to which subsection (4) applies comes into force on the earlier of

(a) the expiry of the 60 day period referred to in subsection (5), or

(b) the date on which the Minister notifies the board of directors in writing that he or she will not disallow the by-law.

50(7) Subject to subsection (5), a by-law to which subsection (4) applies may specify that it comes into force on a date later than the date determined under subsection (6).

50(8) In the event of a conflict between the by-law under subsection (2) and another by-law, the by-law under subsection (2) prevails.

50(9) The Regulations Act does not apply to by-laws under this section.

Province may purchase securities or give loans
51(1) The Lieutenant-Governor in Council may authorize the Minister of Finance to purchase securities of or make loans to the SO at such times and on such terms and conditions as the Minister of Finance may determine, subject to the maximum aggregate principal amount and to any other terms and conditions that are approved by the Lieutenant-Governor in Council.

51(2) The Minister of Finance may pay out of the Consolidated Fund any amount required for the purposes of subsection (1).

Fiscal year
52 The fiscal year of the SO ends on the thirty-first day of March in each year.

Financing of operations
53(1) The SO shall provide for the financing of its operations in its application to the Board for approval of a tariff in relation to transmission and ancillary services.

53(2) The SO may provide and charge for services, other than transmission and ancillary services, that it provides to persons in the electricity industry.

Auditor
54 The board of directors of the SO shall appoint a qualified auditor to audit annually the accounts and transactions of the SO.

Annual report
55(1) The SO shall, within 6 months after the end of every fiscal year, submit to the Minister an annual report on its affairs during that fiscal year, and shall provide a copy of the report to the Board.

55(2) The audited financial statements of the SO shall be included in the annual report.

55(3) The Minister shall table the report in the Legislative Assembly if it is then sitting, or if it is not sitting, when it next sits.

Other reports
56 The SO shall submit such other reports and information to the Minister as the Minister may require from time to time.

Liability
57(1) No action or other civil proceeding shall be commenced against a director, officer, employee or agent of the SO or any member of any committee established by the SO for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Act, the regulations, the SO's licence, the SO's by-laws or the market rules, or for any neglect or default in the exercise or performance in good faith of such a power or duty.

57(2) Subsection (1) does not relieve the SO of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1).

PART IV
ELECTRICITY MARKETS
MARKET RULES
Market rules
58(1) The SO may make rules

(a) governing the SO-controlled grid, and

(b) governing the relationship between the SO, transmitters and market participants within the context of the operation of the integrated electricity system and in respect of the provision of ancillary services and contracts for the supply of electricity.

58(2) Without limiting the generality of subsection (1), the market rules may include provisions

(a) governing the conveying of electricity into, through or out of the SO-controlled grid, the provision of ancillary services and the operation of facilities connected to the SO-controlled grid,

(b) governing the making and publication of the market rules,

(c) authorizing and governing the giving of directions by the SO, including,

(i) for the purpose of maintaining the reliability of electricity service or the SO-controlled grid, directions requiring persons, within such time as may be specified in the directions, to synchronize, desynchronize, increase, decrease or maintain electrical output, to take such other action as may be specified in the directions or to refrain from such action as may be specified in the directions, and

(ii) other directions requiring market participants, within such time as may be specified in the directions, to take such action or refrain from taking such action as may be specified in the directions, including action related to a system emergency,

(d) authorizing and governing the making of orders and decisions by the SO, including orders and decisions,

(i) imposing financial penalties on market participants or transmitters,

(ii) authorizing a market participant to provide or convey, or to cause to be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid, or

(iii) terminating, suspending or restricting a person's rights to provide or convey, or to cause to be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid,

(e) governing the resolution of certain disputes between a market participant and a transmitter or the SO,

(f) governing the manner in which compliance with the market rules will be monitored and enforced, and

(g) governing standards and procedures to be observed in emergencies.

58(3) A market rule may be general or particular in its application.

58(4) The Regulations Act does not apply to the market rules or to any directions or orders made under the market rules.

58(5) The SO shall publish the market rules in accordance with the market rules and shall make the market rules available for public inspection during normal business hours at the office of the SO.

58(6) Notwithstanding subsections (1) and (5), until a date prescribed by regulation,

(a) the Minister, instead of the SO, may make the rules referred to in subsection (1),

(b) the Minister, instead of the SO, shall publish or cause to be published the market rules, and

(c) sections 60, 61 and 62 do not apply to the market rules.

58(7) A rule made under paragraph (6)(a) that includes a provision referred to in subparagraph (2)(d)(i) or (iii) shall not come into force before the date prescribed by regulation for the purposes of subsection (6).

58(8) After the date prescribed by regulation for the purposes of subsection (6), the SO may, under subsection (1), amend the rules made under paragraph (6)(a).

Waiver from market rules
59(1) A person may apply to the SO for a waiver from the application of any provision of the market rules.

59(2) The SO shall publish notice of the application and deal with the application in accordance with the market rules.

59(3) The SO may grant a waiver applied for in whole or in part, and may impose such terms and conditions on the waiver as the SO considers appropriate in the circumstances.

Amendments to market rules
60(1) The SO shall, in accordance with the market rules, publish any amendment to the market rules at least 30 days before the amendment comes into force.

60(2) On application by any person, the Board shall review any amendment to the market rules.

60(3) An application to the Board shall be filed within 30 days after the amendment is published under subsection (1).

60(4) An application under this section does not stay the operation of the amendment pending the completion of the review by the Board unless the Board orders otherwise.

60(5) In determining whether to stay the operation of an amendment, the Board shall consider

(a) the public interest,

(b) the merits of the application,

(c) the possibility of irreparable harm to any person, and

(d) the balance of convenience.

60(6) If, on completion of its review, the Board finds that the amendment is inconsistent with the purposes of this Act or unjustly discriminates against or in favour of a person or group of persons, or conflicts with a tariff approved by the Board, the Board shall make an order

(a) revoking the amendment on a date specified by the Board, and

(b) referring the amendment back to the SO for further consideration.

Urgent amendments
61(1) Section 60 does not apply if the SO files a statement with the Board indicating that, in its opinion, an amendment to the market rules is urgently required for one or more of the following reasons:

(a) to avoid, reduce the risk of or mitigate the effects of conditions that affect the ability of the integrated electricity system to function normally;

(b) to avoid, reduce the risk of or mitigate the effects of the abuse of market power in relation to the activities of market participants that are governed by the market rules;

(c) to implement standards or criteria of a standards authority; or

(d) to avoid, reduce the risk of or mitigate the effects of an unintended adverse effect of a market rule.

61(2) The SO shall publish the amendment in accordance with the market rules at the same time or as soon as reasonably possible after the statement referred to in subsection (1) is filed.

61(3) On application by any person, the Board shall review the amendment.

61(4) An application shall be filed within 30 days after the amendment is published under subsection (2).

61(5) An application under this section does not stay the operation of the amendment pending the completion of the review.

61(6) If, on completion of its review, the Board finds that the amendment is inconsistent with the purposes of this Act or unjustly discriminates against or in favour of a person or group of persons, or conflicts with a tariff approved by the Board, the Board

(a) may make an order revoking the amendment on a date specified by the Board, and

(b) shall make an order referring the amendment back to the SO for further consideration.

Other review of market rules
62(1) On application by any person, the Board may review any provision of the market rules.

62(2) Subsection (1) does not apply to a provision of the market rules that was reviewed by the Board under section 60 or 61 within 24 months before the application.

62(3) Subsection (1) does not apply to a provision of the market rules that was made under paragraph 58(6)(a) if the application is made more than 3 years after the date prescribed for the purposes of subsection 58(6).

62(4) An application shall not be made under this section by a market participant unless the market participant has followed the procedures under the market rules relating to the review of market rules.

62(5) An application under this section does not stay the operation of the provision pending the completion of the review.

62(6) If, on completion of the review under this section, the Board finds that the provision is inconsistent with the purposes of this Act or unjustly discriminates against or in favour of a person or group of persons, or conflicts with a tariff approved by the Board, the Board shall make an order directing the SO to amend the market rules in a manner and within the time period specified by the Board.

62(7) The SO shall, in accordance with the market rules, publish any amendment made pursuant to an order under subsection (6).

62(8) Sections 60 and 61 do not apply to an amendment made in accordance with an order under subsection (6).

Appeal from orders or decisions of SO
63(1) A person who is subject to an order or decision made by the SO under the market rules may appeal the order or decision to the Board if the order or decision

(a) requires the person to pay a financial penalty in an amount in excess of that prescribed by regulation,

(b) denies the person authorization to provide or convey, or to cause be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid, or

(c) terminates, suspends or restricts the person's rights to provide or convey, or to cause to be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid.

63(2) A person who is adversely affected by the granting of a waiver by the SO under section 59 or a person who, having applied for a waiver, is refused the waiver, whether in whole or in part, or who objects to the terms or conditions of the waiver, may appeal the decision of the SO to the Board.

63(3) An appeal shall not be commenced under subsection (1) or (2) unless the person appealing has followed the procedures under the market rules relating to the resolution of the dispute.

63(4) An appeal shall be filed within time period specified by the market rules.

63(5) An appeal does not stay the operation of an order or decision pending the determination of the appeal unless the Board orders otherwise.

63(6) In determining whether to stay the operation of an order or decision, the Board shall consider

(a) the public interest,

(b) the merits of the appeal,

(c) the possibility of irreparable harm to any person, and

(d) the balance of convenience.

63(7) After considering the appeal, the Board may make an order

(a) dismissing the appeal,

(b) revoking or amending the order or decision appealed from, or

(c) making any other order or decision that the SO could have made.

63(8) In addition to its powers under subsection (7), the Board may also make an order revoking, suspending or adding or amending a condition of the licence of the person appealing.

Information protected
64 A person appointed under the market rules for the purpose of resolving or attempting to resolve a dispute between a market participant and the SO or a transmitter, or between a transmitter and the SO, shall not be required in any civil proceeding to give testimony with respect to information obtained in the course of resolving or attempting to resolve the dispute.

Use of SO-controlled grid
65 No person shall access the SO-controlled grid or provide or convey, or cause to be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid except in accordance with the market rules.

TRANSMITTERS
Non-discriminatory access to transmission system
66 Each transmitter shall provide market participants with open and non-discriminatory access to its transmission system in accordance with the market rules and the transmission tariff.

Duties of transmitter
67 A transmitter shall

(a) provide transmission system operating information to the SO,

(b) enter into an agreement with the SO and operate its transmission system under the direction of the SO,

(c) assist the SO with respect to the establishment of connection and interconnection standards,

(d) enter into interconnection or other agreements with the SO,

(e) participate in the development of standards and criteria related to the adequacy and reliability of the transmission system, and

(f) comply with procedures established by the SO, and directions and orders given by the SO, to ensure the adequacy and reliability of its transmission system.

DISTRIBUTORS
Limitation on distribution
68 No person other than a distribution electric utility shall own or operate a distribution system within the Province.

69(1) The Power Commission of The City of Saint John shall not extend its distribution of electricity to any area beyond the territorial limits of The City of Saint John as described in subsection 7(2) of New Brunswick Regulation 85-6 under the Municipalities Act on the date of the commencement of this section.

69(2) The city of Edmundston shall not extend its distribution of electricity to any area beyond the territorial limits of that part of Edmundston described as Taxation Zone One in paragraph 32(2)(a) of the Edmundston Act, 1998 on the date of the commencement of this section.

69(3) The Perth-Andover Electric Light Commission shall not extend its distribution of electricity to any area beyond the territorial limits of the Village of Perth-Andover as described in subsection 83(2) of New Brunswick Regulation 85-6 under the Municipalities Act on the date of the commencement of this section.

Filing of distribution rates
70 A municipal distribution utility shall file its rates with the Board within 3 months after the commencement of this section and within 30 days after any change in its rates.

Allocation in emergencies
71(1) If the supply of electricity to a distribution electric utility is interrupted or reduced as a result of an emergency or a breakdown or repair of a transmission or distribution system, the distribution electric utility may allocate the available electricity among its customers.

71(2) An allocation of electricity under subsection (1) shall be deemed not to be a breach of any contract.

Obligation to extend service
72(1) Subject to section 69, a distribution electric utility shall extend its supply of electric service to any person without such service, if it appears to the utility that after such service has been extended, there will be a reasonable return to it upon the capital invested in the whole undertaking of the utility.

72(2) A reasonable rate of return shall, in respect of a municipal distribution utility, be interpreted in accordance with requirements established under the Municipalities Act.

Termination of service
73 If any person supplied with electricity by a distribution electric utility fails to pay the amount due for the electricity within the period of one month after the amount becomes due, the distribution electric utility may stop the supply of electricity from entering the premises of such person by cutting off the supply wire or by such means as it thinks fit and may, notwithstanding any contract to furnish for a longer period, recover the amount due from such person up to such time, together with the expense of cutting off the electricity, in any court of competent jurisdiction.

Limitation on liability
74 Any contract for the supply of electricity by a distribution electric utility shall be deemed to provide that the distribution electric utility shall not be liable for damages in respect of any abnormality, delay, interruption or other partial or complete failure in the supplying of the electricity when such damages are caused by something that is beyond the ability of the distribution electric utility to control by reasonable and practicable effort.

Rates paid to generator
75(1) A distribution electric utility shall purchase such electricity from a generator connected to its distribution system, and not connected to the SO-controlled grid, as the generator is prepared to sell to the utility.

75(2) If a distribution electric utility and a generator referred to in subsection (1) are unable to agree on the rate to be paid by the utility to the generator, either may apply to the Board for a determination of the rate.

75(3) The Board shall determine the rate to be paid under this section on the basis of the cost avoided by the distribution electric utility when it purchases electricity from the generator.

PURCHASE AND SUPPLY OF ELECTRICITY
Standard service supplier
76 The Distribution Corporation is designated as the standard service supplier for the Province, and no other person may provide standard service.

Provision of standard service
77(1) Subject to this Act, the standard service supplier shall provide standard service to all distribution electric utilities and industrial customers connected to the SO-controlled grid.

77(2) If a municipal distribution utility or industrial customer decreases its consumption of standard service as a result of purchasing electricity from another supplier or increasing the electricity supply generated by itself, it shall not, in respect of such decrease, request a return to standard service before one year after the date on which the decrease became effective.

77(3) The standard service supplier, in respect of a request referred to in subsection (2),

(a) shall supply standard service to the municipal distribution utility or industrial customer if, in its opinion, the cost of supplying the service will not increase the cost to its remaining customers, and

(b) may supply electricity to the municipal distribution utility or industrial customer on a basis other than standard service.

Notice to standard service supplier
78 A municipal distribution utility or an industrial customer shall notify the standard service supplier at least 60 days before it decreases its consumption of standard service as a result of purchasing electricity from another supplier or increasing the electricity supply generated by itself.

Fee payable upon leaving standard service
79(1) A municipal distribution utility or industrial customer that decreases its consumption of standard service as a result of purchasing electricity from another supplier or increasing the electricity supply generated by itself, shall pay a fee to the standard service supplier in respect of such decrease in consumption of standard service, as determined in accordance with this section.

79(2) The standard service supplier or a municipal distribution utility or industrial customer may apply to the Board to determine the fee payable under subsection (1).

79(3) Nothing in subsection (2) prevents the standard service supplier from applying to the Board under subsection (2) in the absence of any notification from a municipal distribution utility or industrial customer under section 78.

79(4) An application under this section shall specify the amount of decrease in consumption of standard service for which the fee to be determined by the Board is to apply.

79(5) The Board shall hold a hearing with respect to an application under subsection (2) and shall give public notice of the application.

79(6) When determining the fee to be paid under this section, the Board shall ensure the fee is of a sufficient amount so that the cost of supplying standard service to the remaining customers of the standard service supplier, including the supplier in its capacity as a distributor, does not increase as a result of the decrease in consumption of standard service.

79(7) If no fee has been set by the Board under this section that would apply to a municipal distribution utility or industrial customer, the standard service supplier and a municipal distribution utility or an industrial customer may agree as to the fee to be paid under this section.

79(8) The amount of a fee agreed to under subsection (7) is subject to the approval of the Board or, if not approved, may be determined by the Board, and subsection (6) applies with the necessary modifications to an approval or the determination of the fee by the Board.

79(9) The onus is on the parties referred to in subsection (7) to satisfy the Board that the fee satisfies the requirements of subsection (6).

79(10) The standard service supplier shall not accept less than the fee determined or approved by the Board under this section.

Sources of supply for standard service
80(1) Where the standard service supplier is of the opinion that the electricity purchased under the power purchase agreements entered into with the Generation Corporation, the Nuclear Corporation or any other person on or before the commencement of this section, and any other electricity it is required to purchase pursuant to this Act, is not sufficient to meet its long term obligations to supply electricity to its customers and to itself, in its capacity as a distributor, the standard service supplier shall issue a request for proposals for the supply of electricity.

80(2) No request for proposals shall be issued under subsection (1) unless the Board has first approved the process and procedures of the request for proposals.

PROPERTY INTERESTS AND ACCESS
Underground cables
81(1) Where an easement that permits or provides for the right to lay or maintain underground cables or conduits is recorded in the appropriate land registration office by way of expropriation proceedings or recorded agreements or otherwise, no person has any right of action or shall seek to enforce any claim against a distributor or transmitter for damages suffered, resulting directly or indirectly from any underground conductor or cable maintained in accordance with the terms of the easement, whether by reason of interference by anyone with such cable or conductor or otherwise.

81(2) Any person damaging or interfering with such cable or conductor is liable to the distributor or transmitter for damages or loss suffered by the distributor or transmitter by reason of such damage or interference.

Works affixed to realty
82 Notwithstanding this or any other Act, where the works of a distributor or transmitter have been affixed to realty, the works remain subject to the rights of the distributor or transmitter as fully as they were before being so affixed and do not become part of the realty unless otherwise agreed by the distributor or transmitter in writing.

Alteration of works
83(1) Where, for the purpose of widening, changing the course of or improving any public highway, street, lane, or other public place, it is necessary to take up, remove, or change the location of any of the works of a distributor or transmitter, the responsible authority proposing to make such alterations or improvements shall notify the distributor or transmitter of its intentions, specifying the necessary alteration or change of location of such facilities.

83(2) The costs and expenses incurred in the alterations or changes referred to in subsection (1) shall be apportioned between the distributor or transmitter and the municipality or other authority, other than the Department of Transportation, the New Brunswick Highway Corporation and a project company as defined in the New Brunswick Highway Corporation Act, making the improvement, in such proportion as they may agree upon, or in case of disagreement as apportioned by the Board.

83(3) Where some part or all of any public highway, street, lane, or other public place is closed by Her Majesty in right of the Province or by any municipality or other authority, a distributor or transmitter may leave its works in place and has the same rights with respect to its works as though the public highway, street, lane, or other public place had not been closed.

83(4) Where any wires, anchors, cross arms, or equipment attached to poles of a distributor or transmitter on, under, over, across, or along any public highway, street, lane or other public place, project over land adjoining the public highway, street, lane or other public place, the distributor or transmitter is liable only for actual physical damage, if any, caused thereby.

Power of entry
84 A distributor or transmitter may enter upon the premises of customers to inspect service conditions, read meters and, when service is discontinued, to remove meters and other equipment belonging to the distributor or transmitter.

EMERGENCIES
Emergency plans
85(1) The Minister shall require the SO to prepare and file with the Minister such emergency plans as the Minister considers necessary.

85(2) The Minister may require a transmitter or market participant to prepare and file with the Minister such emergency plans as the Minister considers necessary.

85(3) The SO shall assist in coordinating the preparation of plans under subsections (1) and (2).

85(4) The Minister may direct the SO, a transmitter or a market participant to implement an emergency plan filed under subsection (1) or (2), with such changes as the Minister considers necessary.

PART V
REGULATION OF ELECTRICITY
DIVISION A
LICENCES
Prohibitions
86 No person shall, unless licensed to do so under this Division,

(a) own or operate a transmission system,

(b) direct the operation of transmission systems in the Province,

(c) provide or convey, or cause to be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid, or

(d) engage in an activity prescribed by the regulations that relates to electricity.

Order restricting activities
87(1) The Board may order a person who, without a licence, has engaged in or is about to engage in any of the activities described in section 86

(a) to not engage in the activity in question,

(b) to cease operating, or

(c) to disconnect its apparatus.

87(2) The Board shall give written notice to a person against whom it intends to make an order under subsection (1).

87(3) The notice shall set out the reasons for the proposed order and advise the person that within 15 days after the day that notice was given, the person may request the Board to hold a hearing.

87(4) If no request for a hearing is made within the time permitted by subsection (3), the Board may make an order.

Interim licence
88(1) Notwithstanding this Act or any other Act, the Board may issue an interim licence authorizing a person to undertake any of the activities described in section 86 if the Board considers it necessary to do so to ensure the reliable supply of electricity to consumers.

88(2) A licence issued under subsection (1) expires 3 months after it has been issued unless the Board orders that it be extended.

Application for licence
89(1) A person may apply to the Board for the issuance, amendment or renewal of a licence authorizing one or more of the activities referred to in section 86 as specified in the application, and shall, with the application, pay such fee as is determined by the Board under subsection (2).

89(2) The Board may provide for different classes of licences and may, in respect of an application for the issuance, amendment or renewal of a licence, charge a reasonable fee for the application, which fee may vary for different classes of licences.

89(3) Notwithstanding the Financial Administration Act, the fees charged by the Board under this section may be retained by the Board for its use.

89(4) The Board may establish forms and require their use.

Conditions of licence
90(1) The Board, when issuing, amending or renewing a licence, may specify the conditions under which a person may engage in an activity described in section 86 and may specify such other conditions as the Board considers appropriate, having regard to the purposes of this Act.

90(2) Without limiting the generality of subsection (1), a licence may contain conditions to address the abuse or potential abuse of market power.

90(3) Every licence shall be deemed to contain a condition that the licensee comply with the market rules.

Amendment of licence
91 The Board may, on the application of any person or on its own initiative, amend a licence if it considers the amendment

(a) to be in the public interest, having regard to the purposes of this Act, or

(b) necessary to address abuse or potential abuse of market power.

Public inspection of licences
92 The Board shall make all licences available for public inspection at its office during normal business hours.

Orders for ensuring compliance
93(1) If the Board is satisfied that a licensee is contravening or is likely to contravene any licence, the Board may order the licensee to comply with its licence.

93(2) The Board shall give written notice to the licensee that it intends to make an order under subsection (1).

93(3) Notice under subsection (2) shall set out the reasons for the proposed order and advise the licensee that, within 15 days after the day that notice was given, the licensee may request the Board to hold a hearing.

93(4) If the licensee requests a hearing, the Board shall hold a hearing.

93(5) If no request for hearing is made within the time permitted by subsection (3), the Board may make an order.

Suspension or revocation of licence
94(1) The Board may suspend or revoke a licence if, in the opinion of the Board, the licensee

(a) is in contravention of any provision of this Part or a regulation made under this Part,

(b) is in breach of any condition of the licence or of an order or direction of the Board,

(c) is no longer in a position to operate in conformity with this Act and the conditions of the licence,

(d) has been negligent in carrying on the activity authorized by the licence,

(e) has made fraudulent misrepresentations in carrying on its business, or

(f) has abused its market power.

94(2) If the Board proposes to revoke or suspend a licence under subsection (1), it shall serve notice on the licensee of the proposed action, inviting the licensee to show cause why the licence should not be revoked or suspended.

94(3) The notice under subsection (2) shall advise the licensee that, within 30 days after the day that notice was given, the licensee may request the Board to hold a hearing.

94(4) If no request for a hearing is made within the time permitted by subsection (3), the Board may carry out the proposed actions stated in the notice under subsection (2).

94(5) If a hearing is held, after the hearing the Board shall decide whether to revoke or suspend the licence.

94(6) If the Board decides not to revoke or suspend the licence, the Board may make such amendments to the licence as it considers proper, having regard to the purposes of this Act.

Cancellation of licence
95 Notwithstanding section 94, the Board may cancel a licence on the request in writing of the licensee.

Transfer of licence
96 No licence issued by the Board is transferable or assignable by a licensee without the prior written approval of the Board.

DIVISION B
DISTRIBUTION SERVICES
Application
97 This Division applies to the Distribution Corporation in respect of the services provided by it to customers through its distribution system and in respect of electricity provided to distribution electric utilities and industrial customers in its capacity as standard service supplier, but does not apply in respect of electricity supplied under paragraph 77(3)(b).

Change in charges, rates and tolls without application
98(1) The Distribution Corporation may change the charges, rates and tolls charged by it for its services without making an application to the Board for approval of the change if the change does not exceed the amount authorized under section 99.

98(2) The Distribution Corporation may under this section change the charges, rates and tolls more than once in any fiscal year but in no case shall the total increase under this section during a fiscal year exceed the amount authorized under section 99.

Limitation
99(1) The Distribution Corporation may change the charges, rates and tolls charged by it for services if the change in the charges, rates and tolls does not exceed the greater of

(a) 3 per cent, or

(b) the percentage change in the average consumer price index.

99(2) Notwithstanding subsection (1), individual categories of charges, rates and tolls may be increased by a percentage greater than that authorized under subsection (1), but in no case shall the overall average increase of all of the categories of charges, rates and tolls exceed the percentage authorized under subsection (1).

99(3) Subject to subsection (4), for the purposes of ensuring that the change in charges, rates and tolls is authorized under subsection (1),

(a) the proposed charges, rates and tolls, and

(b) the charges, rates and tolls in effect at the end of the last completed fiscal year of the Distribution Corporation,

shall be applied to the actual sales of electricity in the Province of the Distribution Corporation in its last available audited financial statement.

99(4) During the first fiscal year of the Distribution Corporation, for the purposes of ensuring that the change in charges, rates and tolls is authorized under subsection (1),

(a) the proposed charges, rates and tolls, and

(b) the charges, rates and tolls of the Corporation in effect on March 31, 2003,

shall be applied to the actual sales of electricity in the Province of the Corporation in its last available audited financial statement.

Filing of schedules
100(1) The Distribution Corporation shall file new schedules with the Board before any change in the charges, rates and tolls is made under section 98.

100(2) The schedules filed with the Board under subsection (1) shall indicate the date on which the change is to become effective, which date shall not be earlier than 30 days after the date upon which the schedules are filed.

100(3) When filing new schedules with the Board in relation to a change in the charges, rates and tolls under section 98, the Distribution Corporation shall include in the schedule the date the authorization was given by the board of directors of the Distribution Corporation to change the charges, rates and tolls.

100(4) The Distribution Corporation may, in relation to a service that is not covered by or included in the schedule referred to in subsection (1), make a charge, rate or toll that takes effect immediately, and the Distribution Corporation shall immediately file with the Board a schedule of that charge, rate or toll, which shall be the same for all like and contemporaneous services.

100(5) The Distribution Corporation shall, if requested to do so by the Board, demonstrate to the satisfaction of the Board, that a charge, rate or toll effected under subsection (4) is not in respect of a service for which the charges, rates or tolls are otherwise regulated under this Division.

100(6) Subsection (4) does not apply to a service referred to in paragraph 77(3)(b).

Application for change in charges, rates and tolls
101(1) If a change in the charges, rates or tolls for its services would exceed the amount authorized under section 99, the Distribution Corporation shall make an application to the Board for approval of the change, and shall not make any change until it receives the Board's approval.

101(2) The Board shall, on receipt of an application under this section, proceed under section 123.

101(3) The Board shall, when considering an application under this section, base its order or decision respecting the charges, rates and tolls to be charged by the Distribution Corporation on all of the projected revenue requirements for the provision of the services referred to in section 97.

101(4) The Board may, when considering an application under this section, take into consideration

(a) accounting and financial policies of the Distribution Corporation,

(b) proposed allocations of costs among customer classes,

(c) rate design matters,

(d) customer service policies and charges, and

(e) energy programs instituted or planned by the Distribution Corporation.

101(5) The Board at the conclusion of the hearing shall

(a) approve the charges, rates and tolls, if satisfied that they are just and reasonable or, if not so satisfied, fix such other charges, rates or tolls as it finds to be just and reasonable, and

(b) set the time at which any change in the charges, rates or tolls is to take effect, except that the change may not take effect until the expiration of 30 days after the filing of the order or decision of the Board with the Clerk of the Executive Council under section 104.

Collection of charges, rates and tolls
102(1) The Distribution Corporation shall not charge, demand, collect or receive a greater or less compensation for any service that is prescribed in the schedules than are at the time established, or demand, collect or receive any charges, rates or tolls not specified in such schedules.

102(2) Subsection (1) does not apply to a service referred to in paragraph 77(3)(b).

102(3) Notwithstanding subsection (1), if as the result of an error in calculating or preparing a bill or determining the consumption of electricity of a customer, the Distribution Corporation charges or demands an amount of compensation less than the amount that it is required to charge or demand under subsection (1) for the customer's actual consumption, it shall

(a) serve the customer with written notice of the error, and

(b) forgive the difference between the two amounts in relation to all of the electricity consumed by the customer more than 6 months before the date of service of the notice referred to in paragraph (a).

102(4) Notwithstanding subsection (3), the Distribution Corporation shall not forgive the difference between the two amounts under that subsection if the error to which it relates resulted from the customer's illegal or wilful damage to or interference with equipment used to record the consumption of electricity by the customer.

102(5) A notice referred to in paragraph (3)(a) shall be served in accordance with one of the methods of personal service established under the Rules of Court.

102(6) The Distribution Corporation, if making a demand for payment of the difference between the two amounts under subsection (3) in relation to electricity consumed by the customer during the 6 months before the date of service of the notice referred to in paragraph (3)(a), shall charge, demand, collect or receive a reasonable estimate of the amount of the difference if the amount cannot be calculated exactly.

Review of charges, rates and tolls
103(1) The Lieutenant-Governor in Council may request the Board to review any or all of the charges, rates or tolls charged by the Distribution Corporation for sales of electricity within the Province.

103(2) The Board shall, on receipt of a request under subsection (1),

(a) direct the Distribution Corporation to file an application for confirmation of any or all of the charges, rates or tolls charged by it,

(b) give notice to the Distribution Corporation of the date of the hearing of the application, and

(c) proceed under section 123.

103(3) The Board at the conclusion of the hearing shall

(a) confirm the charges, rates or tolls, if it is satisfied that they are just and reasonable or, if not so satisfied, fix such other charges, rates and tolls as it finds to be just and reasonable, and

(b) set the time at which any change in the charges, rates or tolls is to take effect, except that a change in the charges, rates or tolls may not take effect until the expiration of 30 days after the filing of the order or decision of the Board with the Clerk of the Executive Council under section 104.

Filing of order or decision
104 The Board shall, in relation to an order or decision respecting charges, rates and tolls to be charged by the Distribution Corporation, file a copy of its order or decision with Clerk of the Executive Council within 14 days after the making of the order or decision.

Modification or reversal by Lieutenant-Governor in Council
105(1) The Lieutenant-Governor in Council may, within 30 days after the filing of the order or decision of the Board with the Clerk of the Executive Council under section 104, on the Lieutenant-Governor in Council's own motion, modify or reverse an order or decision made by the Board respecting the charges, rates and tolls to be charged by the Distribution Corporation, and such modification or reversal is binding on the Board and on all parties, and the decision of the Lieutenant-Governor in Council is final.

105(2) Where the Lieutenant Governor in Council modifies or reverses an order or decision under subsection (1), the Lieutenant-Governor in Council shall, where applicable, set the time the change in the charges, rates or tolls is to take effect and direct the Distribution Corporation to file a new schedule of the charges, rates and tolls or to indicate the change or changes on the existing schedules.

Appeal
106(1) If the Lieutenant-Governor in Council does not modify or reverse an order or decision of the Board under section 105 within 30 days after the filing of the order or decision of the Board with the Clerk of the Executive Council, section 25 of the Public Utilities Act applies with the necessary modifications.

106(2) For the purposes of subsection (1), "public utility" when used in section 25 of the Public Utilities Act, shall be read as referring to the Distribution Corporation.

DIVISION C
TRANSMISSION AND ANCILLARY SERVICES
Application
107 This Division applies to

(a) all transmitters,

(b) the SO, and

(c) the tariffs pertaining to the provision of transmission services and ancillary services.

Tariff must provide for open access
108(1) A tariff pertaining to the provision of transmission services shall provide for open and non-discriminatory access to transmission services.

108(2) All tariffs shall be just and reasonable and shall under substantially similar circumstances and conditions be charged equally to all persons on the same basis or at the same rate.

Question of fact
109 The Board may determine, as a question of fact, whether or not transmission or ancillary services under substantially similar circumstances and conditions have been charged for equally to all persons on the same basis or at the same rate.

Prohibition
110 Unless approval to do so has been obtained from the Board, neither the SO nor any transmitter shall charge or change any charge, rate or toll or any tariff in respect of transmission services or ancillary services.

Application for approval of tariff
111(1) The SO may make application to the Board for approval of a tariff pertaining to the provision of transmission services or ancillary services, or both.

111(2) The Board shall, on receipt of an application from the SO for approval of a tariff pertaining to transmission services or ancillary services, or both, proceed under section 123.

111(3) When an application is made under this section, a transmitter shall attend the hearing under section 123 for the purposes of defending its revenue requirements, and is deemed to be a party in the proceedings before the Board.

111(4) The Board shall, when considering an application by the SO in respect of an approval of a tariff pertaining to transmission services, base its order or decision respecting the tariff on all of the projected revenue requirements of the SO and the transmitters for transmission services and the allocation of such revenue requirements between the SO and the transmitters.

111(5) The Board shall, when considering an application by the SO in respect of an approval of a tariff pertaining to ancillary services, allow in its order or decision for mechanisms to recover the reasonable costs incurred by the SO in the acquisition and provision of ancillary services, or base its order or decision respecting the tariff on all of the projected revenues from the sale of ancillary services and all of the projected costs to be incurred by the SO in the acquisition or provision of ancillary services.

111(6) The Board at the conclusion of the hearing shall

(a) approve the tariff, if it is satisfied that the tariff applied for is just and reasonable or, if not so satisfied, fix such other tariff as it finds to be just and reasonable, and

(b) set the time at which any change in the tariff is to take effect.

Collection under a tariff
112 The SO shall not charge, demand, collect or receive a greater or less compensation for transmission services or ancillary services than is prescribed in the tariff approved by the Board.

Filing of order or decision
113 The Board shall file a copy of its order or decision respecting a tariff for transmission services and ancillary services with Clerk of the Executive Council.

Review
114(1) The Lieutenant-Governor in Council may request the Board to review all or any portion of a tariff approved by the Board in respect of the provision of transmission services or ancillary services.

114(2) The Board shall, on receipt of a request under subsection (1),

(a) direct the SO to file an application for confirmation of any portion or all of the tariff,

(b) give notice to the SO and all transmitters of the date of the hearing of the application, and

(c) proceed under section 123.

114(3) A transmitter who receives a notice under paragraph (2)(b) shall attend the hearing for the purpose of defending its revenue requirements and is deemed to be a party in the proceedings before the Board.

114(4) The Board at the conclusion of the hearing shall

(a) confirm the tariff, if it is satisfied that the tariff is just and reasonable, or if not so satisfied, fix such other tariff as it finds to be just and reasonable, and

(b) set the time at which any change in the tariff is to take effect.

Appeal
115(1) A person aggrieved by any decision or order of the Board under section 111 or 114 may apply to The Court of Queen's Bench of New Brunswick or, if the SO or a transmitter, to the Court of Appeal of New Brunswick, in respect of the decision or order, and section 25 of the Public Utilities Act applies with the necessary modifications to such application.

115(2) For the purposes of subsection (1), "public utility" when used in section 25 of the Public Utilities Act, shall be read as referring to the SO or a transmitter, as the case may be.

DIVISION D
PUBLIC UTILITIES BOARD
Board has powers and privileges of commissioners
116 In any application or proceeding before the Board under this Act, the Board has all the powers and privileges of commissioners under the Inquiries Act and regulations under that Act, except that a witness shall be paid the amount of money allowed in The Court of Queen's Bench of New Brunswick to a witness for travel and attendance.

Jurisdiction with respect to law and fact
117 For the purposes of this Act, the Board has full jurisdiction to hear and determine all matters, whether of law or of fact.

Forbearance
118(1) The Board may forbear, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty, where the Board finds as a question of fact that forbearance would be consistent with the purposes of this Act.

118(2) If the Board does forbear from regulation, it may later resume a greater degree of regulation if it considers that its level of forbearance is no longer warranted.

Policies and rules
119(1) The Lieutenant-Governor in Council may by regulation establish policies and rules to be observed by the Board in the exercise of any jurisdiction or authority conferred upon it under this Act.

119(2) Subsection (1) shall be deemed not to authorize any regulation directed specifically to any application, matter or decision pending before the Board.

Rules of the Board
120 The Board may make rules respecting the practice and procedure regarding all matters over which it has jurisdiction under this Act and such rules, when approved by the Lieutenant-Governor in Council, shall have the force of law.

Appointment of counsel, experts and others
121(1) The Board may appoint counsel, experts or other persons to assist it in any matter within its jurisdiction under this Act or to institute or attend proceedings before any other tribunal or authority, and the Board may order by whom the fees and expenses of the persons so appointed shall be paid.

121(2) Where the Board appoints any counsel, expert or other person under subsection (1) to perform any service under this Act, that person shall be paid by the Board, and shall be reimbursed for expenses at rates fixed by the Board.

Privilege of board members and employees
122 No commissioner or employee of the Board shall be required to give testimony in any civil action to which the Board is not a party, concerning information obtained in carrying out the commissioner's or the employee's official duties to the Board.

Hearing respecting change in rates
123(1) Notice of the hearing of an application for the approval of charges, rates or tolls under Division B, or the approval of tariffs under Division C, shall, unless otherwise ordered by the Board, be given by advertisement for a period of not less than 20 days, in one or more newspapers as directed by the Board and by such other means as the Board may direct.

123(2) Where an application has been made and notice given, the Board shall hold a hearing.

123(3) On receipt of an application to the Board, the Board shall notify the Attorney General of such application.

123(4) The Board shall, on the request of the Attorney General, forward to the Attorney General a copy of all materials filed with the Board with respect to an application.

123(5) The Attorney General may intervene and make such representations as the Attorney General considers to be in the public interest.

Order respecting application
124 On any application to it, and after considering the evidence given at a hearing or inquiry, the Board may make an order granting the whole or part only of the application, make a conditional order, or grant further or other relief besides or instead of that applied for, as fully and in all respects as if the application had been for such partial, further or other relief.

Just and reasonable rates
125(1) In approving or fixing just and reasonable charges, rates, tolls or tariffs, the Board may adopt any method or technique that it considers appropriate, including an alternative form of regulation.

125(2) In an application regarding charges, rates, tolls or tariffs, the burden of proof is on the applicant.

Joint hearings
126(1) Subject to the prior approval of and any terms or conditions specified by the Minister, the Board or any commissioner or commissioners appointed by the Chairman of the Board may participate in joint hearings

(a) with authorities constituted under the laws of other jurisdictions to supervise the electricity industry, or

(b) that involve a department of the government of the Province.

126(2) Where the Chairman of the Board so directs, any hearing required to be held under this Part may be conducted as a joint hearing under subsection (1).

126(3) Subject to any terms or conditions specified by the Minister, where a hearing required to be held under this Part is conducted as a joint hearing, the commissioner or commissioners of the Board participating in the joint hearing shall, notwithstanding subsection 2(6) of the Public Utilities Act or any other provision of that Act, be deemed to be the Board and to have all the authority, powers and immunities of the Board with respect to all things related to the application or matter being considered at the hearing.

Monitoring of electricity sector
127(1) The Board shall monitor the electricity sector and may report to the Minister on the state of the electricity sector, including the efficiency, fairness, transparency and competitiveness of markets in the electricity sector and of the market rules, the conduct of the SO in relation to its activities and responsibilities and the conduct of the SO, transmitters and market participants under the market rules.

127(2) If requested by the Minister, the Board shall advise the Minister on

(a) any abuse or potential abuse of market power in the electricity sector, or

(b) circumstances giving rise to or capable of giving rise to unintended outcomes or effects contrary to the interests of competition.

127(3) The Board may conduct an audit of the SO for the purposes of subsection (1).

Powers of inquiry
128(1) The Board may, on its own motion or on a complaint made by any person, inquire into, hear and determine any matter where it appears to the Board

(a) that any person has failed to do any act, matter or thing required to be done under this Part or rule, order or direction made by the Board, or that any person has done or is doing any act, matter or thing contrary to or in contravention of this Part, or any rule, order or direction,

(b) that the circumstances may require it, in the public interest, to make any order or give any direction, leave or approval that by law it is authorized to make or give, or concerning any matter, act or thing that by this Part or rule, order or direction is prohibited or required to be done, or

(c) that there is an abuse or potential abuse of market power by a market participant.

128(2) When inquiring into, hearing or determining any matter, the Board

(a) may, subject to this Act, determine its own procedure and give directions about process and procedure that it considers appropriate in the circumstances, including a direction for an electronic hearing, a written hearing, an oral hearing or a pre-hearing conference,

(b) may request from anyone, and require anyone to gather evidence or prepare studies relevant and incidental to the matters over which it has jurisdiction under this Act,

(c) is not required to hold an oral hearing unless it considers it necessary to do so in order to act in a procedurally fair manner,

(d) shall ensure procedural fairness to all affected persons,

(e) is not bound by any common law rule of evidence except that the evidence it considers shall be relevant, material and trustworthy as it determines, and

(f) may make orders allowing evidence to be taken outside the Province and used in its proceedings.

128(3) The Board may require from a complainant such security for the costs incurred or to be incurred by the Board under this section as it considers reasonable, which security may be forfeited to the Board if the complaint is not substantiated.

Orders of the Board
129 The Board may

(a) order and require any person to do, forthwith, or within or at any specified time and in any manner it may determine, any act, matter or thing that the person is or may be required to do under this Part or any regulation or rule or order or direction made or given under this Part, and

(b) forbid the doing or continuing of any act, matter or thing that is contrary to this Part or any regulation or rule or order or direction.

Order in the public interest
130 Any order of the Board made under this Act is subject to such terms as the Board considers necessary in the public interest.

Effective date of order
131 Subject to sections 103 and 105, every order of the Board comes into effect on the date it is made unless the order states otherwise and an appeal under this Act does not stay its operation, unless a judge orders otherwise, but the Board itself may suspend the operation of the appealed order until a decision has been rendered on the appeal.

Substantial compliance
132 Substantial compliance with the requirements of this Act on the part of the Board is sufficient to give effect to an order, rule or decision of the Board, and such order, rule or decision is not invalid for any technical or non-material defect.

Confidentiality of information
133 Where information obtained by the Board concerning the costs of a person in relation to operations of the person that are regulated under this Part, or other information that is by its nature confidential, is obtained from such person by the Board in the course of performing its duties under this Act, or is made the subject of an inquiry by any party to any proceeding held pursuant to the provisions of this Act, such information shall not be published or revealed in such a manner as to be available for the use of any person unless in the opinion of the Board such publication or revelation is necessary in the public interest.

Copies as evidence
134(1) Where a document purports to be a copy of any rule, order, direction, decision or report made or given by the Board or any of its officers and is certified by the secretary of the Board, it shall be received in evidence as prima facie proof of the original document.

134(2) Any document purporting to be certified by the secretary of the Board as a copy of any document deposited with the Board, or of any extract of a Board document, shall be received in evidence as prima facie proof that the original was so deposited, that it was received, signed, certified, attested or executed as it purports to be from the certified copy.

134(3) A copy of an order, rule or other document on record with the Board, purporting to be certified by the secretary of the Board, shall be received in evidence as prima facie proof of the document.

Furnishing of certificates and copies to Board
135 The Minister, any other minister, Service New Brunswick, a Crown corporation or other agency of the Province shall furnish the Board with such certificates and certified copies of documents as it may in writing require, without charge, and the Board may at any time search in the public records of Service New Brunswick without charge.

Provision of information to Board
136 The Distribution Corporation, the SO or a transmitter to whom the Board makes a request for documents or information of any kind shall furnish the required information to the Board.

Assessment of Board expenses
137(1) The annual expenses of the Board incurred or to be incurred by it under this Part and in relation to its responsibilities under Part IV includes, without restricting the generality of the foregoing, the salaries and travelling expenses of the commissioners, secretary and Board employees, the payment of referees, stenographers, experts and witnesses, office rent, unforeseen and contingent expenses, and all other expenses of the Board for the then current year ending on the thirty-first day of March next ensuing, together with any sum necessary to make up any arrearages or deficiency in the assessment for the preceding year, or the collection thereof, and shall be borne by the Distribution Corporation, the SO, transmitters and licensees.

137(2) An amount equal to the costs incurred by the Attorney General with respect to an intervention made in accordance with subsection 123(5)

(a) shall be deemed to be included within the annual expenses of the Board for the purposes of this section,

(b) shall be assessed as direct expenses,

(c) shall be collected by the Board, and

(d) shall be paid to the Minister of Finance.

137(3) The Board shall

(a) determine the amount to be assessed having regard to the amount required for the previous year, and

(b) categorize the amount to be assessed as direct expenses or common expenses.

137(4) The Board shall

(a) after the first day of December of the year before the commencement of the fiscal year in respect of which the expenses are determined, assess approximately one-half of the amount determined under paragraph (3)(a), and

(b) after the first day of April of the fiscal year in respect of which the expenses are determined, assess the remaining amount determined under paragraph (3)(a).

137(5) The Board, in a manner that to it appears appropriate, shall assess the Distribution Corporation, the SO, and each transmitter and licensee with

(a) its direct expenses, and

(b) its share of the common expenses,

and the secretary shall notify the Distribution Corporation, the SO and each transmitter and licensee by registered mail of the amount so assessed upon it.

137(6) The Distribution Corporation, the SO, a transmitter or a licensee shall, on receipt of a notice under subsection (5), pay the assessed amount within 30 days after the posting of the notice.

137(7) If the amount referred to under subsection (6) is not paid within 30 days, the Board may make an order requiring the payment and file the order with The Court of Queen's Bench of New Brunswick, and the order, on filing, shall have the same force and effect as a order of the Court.

Annual report
138(1) The Board shall make a report annually to the Minister containing such information as the Minister may require.

138(2) The Minister shall submit the annual report to the Lieutenant-Governor in Council and shall then lay the report before the Legislative Assembly if then sitting, or if not sitting, when it next sits.

Appointment of inspectors
139(1) The Board may appoint any person as an inspector for the purposes of ensuring compliance with the provisions of this Part, a condition of a licence or an order or decision of the Board.

139(2) The Board shall issue to every inspector a certificate of appointment and every inspector, in the execution of his or her duties under this Part, shall produce his or her certificate of appointment upon request.

Inspections
140(1) An inspector may, at any reasonable time, upon producing proper identification if so requested, enter any premises, building or place and may

(a) require the production for inspection of documents or things that may be relevant to the inspection,

(b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts,

(c) require information from any person concerning a matter related to the inspection, and

(d) be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.

140(2) In carrying out an inspection, an inspector may

(a) use a data processing system at the premises, building or place where the records, documents or things are kept,

(b) reproduce any record, and

(c) use any copying equipment to make copies of any record.

140(3) Copies or extracts from documents or things removed under this section and certified as being true copies or extracts from the originals by the person who made them are admissible in evidence to the same extent and have the same evidentiary value as the originals.

140(4) An inspector who removes documents or other things shall give a receipt for the items and return the items as soon as possible after the making of copies or extracts.

140(5) Before or after attempting to enter or to have access to any premises, building or place for a purpose mentioned in subsection (1), an inspector may apply to a judge for an entry warrant under the Entry Warrants Act.

140(6) Every person carrying out an inspection or accompanying a person carrying out an inspection under this section shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of the inspection and shall not communicate those matters to any person except,

(a) if required to do so in connection with the administration of this Part, or any proceedings under this Act,

(b) if it is to his or her counsel, or

(c) if the person to whom the information relates has consented to the communication.

140(7) No person to whom subsection (6) applies shall be required to give testimony in any civil proceeding with regard to information obtained by him or her in the course of his or her inspection.

Penalties imposed by Board
141(1) If any person neglects or refuses to obey, comply with or carry into effect any order or decision of the Board made under the provisions of this Act, the person is liable to a penalty of not less than $50 and not more than $500, which penalty may be imposed by the Board.

141 (2) A person in respect of whom a penalty has been imposed shall, within 30 days after receipt of notice of the imposition of the penalty, pay to the Board the penalty imposed by the Board.

141(3) The penalties collected by the Board under this section shall be remitted to the Minister of Finance.

PART VI
GENERAL
Electricity from renewable resources
142(1) This section applies to

(a) the standard service supplier, and

(b) a municipal distribution utility or industrial customer in respect of electricity that it obtains from other than the standard service supplier.

142(2) A person to whom this section applies shall, in accordance with the regulations, ensure that a portion of the electricity that it uses is obtained from renewable resources.

142(3) A person to whom this section applies shall report to the Minister respecting its compliance with this section and shall, if required, demonstrate to the satisfaction of the Minister that it has met the requirements of this section.

Segregated funds
143(1) Notwithstanding the Financial Administration Act, the Minister of Finance may establish segregated funds for the purposes of receiving money from the Corporation or the Nuclear Corporation to be applied to the payment of expenses associated with the decommissioning and irradiated fuel management costs relating to the Point Lepreau Nuclear Generating Station.

143(2) The segregated funds established under subsection (1) shall be managed in accordance with the terms established by the Minister of Finance.

143(3) If this section comes into force before section 3, the reference to "Corporation" shall be read as "New Brunswick Power Corporation", until that section comes into force.

Change of name of corporations
144 If the Corporation, the Distribution Corporation, the Generation Corporation, the Nuclear Corporation or the Transmission Corporation changes its name by articles of amendment under the Business Corporations Act, any reference in this Act to the Corporation, the Distribution Corporation, the Generation Corporation or the Transmission Corporation shall be read as a reference to the corporation by its name as changed pursuant to the articles of amendment.

Prohibitions
145(1) No person shall obstruct an inspector who is carrying out or attempting to carry out an inspection under this Part, or withhold or destroy or conceal or refuse to furnish any information or thing required by the inspector for the purposes of the inspection.

145(2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is engaged in carrying out his or her duties under this Act.

Offences and penalties
146 A person who violates or fails to comply with subsection 145(1) or (2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

147(1) A person who

(a) undertakes an activity without a licence for which a licence is required, or

(b) fails to comply with a condition of a licence,

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

147(2) Proceedings with respect to an offence under subsection (1) may be instituted at any time within one year after the time when the facts upon which the proceedings are based first came to the knowledge of the Board.

Administration of Act
148 The Minister is responsible for the administration of this Act.

Regulations
149(1) The Lieutenant-Governor in Council may make regulations

(a) defining "industrial customer";

(b) prescribing persons for the purposes of paragraph 19(2)(g);

(c) prescribing contracts or classes of contracts for the purposes of subsection 24(2), subject to such conditions or restrictions as may be prescribed by the regulations;

(d) prescribing Acts or provisions of Acts that do not apply to a transfer for the purpose of section 30, subject to such conditions or restrictions as may be prescribed by the regulations;

(e) prescribing criteria for eligibility to be appointed as a director of the SO;

(f) respecting the appointment and reappointment of a person as a director of the SO;

(g) prescribing a date for the purpose of subsection 58(6);

(h) prescribing an amount for the purpose of paragraph 63(1)(a);

(i) prescribing activities for the purpose of paragraph 86(d);

(j) respecting policies and rules to be observed by the Board in the exercise of any jurisdiction or authority conferred upon it;

(k) respecting requirements to obtain electricity from renewable resources, including, without limiting the generality of the foregoing, setting a base level against which the requirement to obtain is able to be compared, setting a percentage or other method of determining the amount to be obtained from renewable resources, specifying renewable resources, setting targets to be met, and how they are to be achieved;

(l) respecting reports to be made to the Minister for the purposes of section 142;

(m) exempting any person or class of persons from any provision of this Act, subject to such conditions and restrictions as may be prescribed by the regulations;

(n) defining any word or expression used in this Act but not defined in this Act;

(o) providing for such transitional matters as the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Act;

(p) respecting any matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the purposes of this Act.

149(2) A regulation made under this section may be general or particular in its application.

149(3) A regulation made under paragraph (1)(o)

(a) may provide that it has retroactive application to a date not earlier than the day this section comes into force, and

(b) may provide that it applies despite this or any other general or special Act.

Transitional provisions
150 Any interest of the Crown in property as defined in the Electric Power Act immediately before the commencement of this section is vested in the Corporation.

151 An expropriation commenced under the Electric Power Act before the commencement of this section may, notwithstanding the repeal of that Act, be completed in accordance with the provisions of that Act, with such modifications as may be necessary.

152(1) A person who would otherwise be required to obtain a licence under section 86 to undertake an activity described in that section, may undertake the activity without a licence for a period of 6 months after the commencement of this section.

152(2) For a period of 6 months after the commencement of this section, the definition "market participant" shall be read without reference to the words "licensed by the Board under Part V and".

153 On the commencement of this section, the Distribution Corporation shall charge for the services referred to in section 97 in accordance with the charges, rates and tolls authorized under Part II of the Public Utilities Act that, but for the repeal of that Part, would have been effective on the date on which this section comes into force, until such charges, rates and tolls are changed in accordance with this Act, and any authorization provided, or approval required, under that Part shall be deemed to have been provided or given to the Distribution Corporation.

154(1) On the commencement of this section, the SO shall, with respect to transmission and ancillary services, administer and apply the transmission tariff that was in effect immediately before the commencement of this section, until such tariff is changed in accordance with this Act, and any approval given by the Board in respect of the tariff before the commencement of this section shall be deemed to have been given in respect of the SO and the Transmission Corporation.

154(2) Nothing in this Act requires WPS Canada Generation, Inc. to have an approved tariff in place in respect of the transmission and ancillary services provided by it under a contract effective January 2, 1995, with the Perth-Andover Electric Light Commission, and WPS Canada Generation, Inc. may continue to provide service in accordance with that contract until the contract terminates on December 31, 2004.

154(3) Any tariff filed by WPS Generation Canada, Inc. before January 1, 2005, shall be filed directly with the Board for approval, and the Board may proceed with the application in accordance with the provisions of this Act, with such modifications as are necessary, and such tariff shall be administered by the SO commencing no later than January 1, 2005.

154(4) WPS Canada Generation, Inc. is not required to obtain a licence under section 86 until January 1, 2005, but nothing precludes it from entering into an agreement with the SO with respect to the operation of its transmission system or applying for a licence before that date.

154(5) WPS Generation Canada, Inc. is exempt from the application of this Act, other than subsections (2), (3) and (4), until January 1, 2005, or until it enters into an agreement with the SO with respect to the operation of its transmission system or obtains a licence under section 86, whichever occurs first.

155 Where the Board is conducting a hearing under Part II or Part III of the Public Utilities Act immediately before the repeal of those Parts, it shall continue the hearing in accordance with the provisions of this Act.

156 For the purposes of the first hearing before the Board under Division B of Part V and for the first hearing before the Board under Division C of Part V, the assets transferred by transfer order or otherwise attributable by virtue of a transfer order, or assets otherwise acquired by the Distribution Corporation, the Transmission Corporation or the SO on or before April 1, 2003, shall be deemed to have been prudently acquired and useful for the operation of a distribution or transmission system or the provision of services of the SO, and any expenditures arising from distribution service contracts, standard service contracts, power purchase contracts, transmission service contracts or ancillary services contracts entered into on or before the commencement of this section are deemed to be necessary for the provision of the service.

157 For the purposes of assessment of the Board's expenses, the assessment that would be payable by a transmitter, the SO or the Distribution Corporation on or after April 1, 2003 and before December 1, 2003, shall be assessed by the Board against the New Brunswick Power Holding Corporation.

158 If any rebate is payable by virtue of an overcollection by the New Brunswick Power Holding Corporation before the commencement of this section, section 41.1 of the Public Utilities Act applies to the Distribution Corporation as if that section had not been repealed.

PART VII
CONSEQUENTIAL AMENDMENTS
An Act Respecting the Penalties for Provincial Offences
159 Subsection 40(1) of An Act Respecting the Penalties for Provincial Offences, chapter 61 of the Acts of New Brunswick, 1990, is repealed.

Arts Development Trust Fund Act
160 Subsection 1(6) of the Arts Development Trust Fund Act, chapter A-13.1 of the Acts of New Brunswick, 1990, is amended by striking out "and the Electric Power Act".

Auditor General Act
161 Section 1 of the Auditor General Act, chapter A-17.1 of the Acts of New Brunswick, 1981, is amended in the definition "agency of the Crown"

(a) by repealing paragraph (g.1);

(b) in paragraph (g.2) by striking out "and" at the end of the paragraph;

(c) by adding after paragraph (g.3) the following:

(g.4) New Brunswick Power Holding Corporation under the Electricity Act;

(g.5) New Brunswick Power Transmission Corporation under the Electricity Act;

(g.6) New Brunswick Power Generation Corporation under the Electricity Act;

(g.7) New Brunswick Power Nuclear Corporation under the Electricity Act;

(g.8) New Brunswick Power Distribution and Customer Service Corporation under the Electricity Act; and

(g.9) New Brunswick Electric Finance Corporation under the Electricity Act;

Conflict of Interest Act
162 Schedule A of New Brunswick Regulation 83-134 under the Conflict of Interest Act is amended

(a) by striking out "New Brunswick Electric Power Commission";

(b) by adding in alphabetical order the following:

New Brunswick Power Holding Corporation
New Brunswick Power Distribution and Customer Service Corporation
New Brunswick Power Generation Corporation
New Brunswick Power Nuclear Corporation
New Brunswick Power Transmission Corporation

Crown Construction Contracts Act
163 Subsection 2(2) of New Brunswick Regulation 82-109 under the Crown Construction Contracts Act is repealed and the following is substituted:

2(2) The following corporations and agencies are included in the definition of "Crown" for the purposes of the Act:

New Brunswick Housing Corporation
New Brunswick Liquor Corporation
New Brunswick Power Holding Corporation
New Brunswick Power Distribution and Customer Service Corporation
New Brunswick Power Generation Corporation
New Brunswick Power Nuclear Corporation
New Brunswick Power Transmission Corporation
Regional Development Corporation
Research and Productivity Council
Workplace Health, Safety and Compensation Commission

Edmundston Act, 1998
164 Subsection 20(3) of the Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, is amended by striking out "the Electric Power Act" and substituting "the Electricity Act".

Emergency Measures Act
165 Section 4 of New Brunswick Regulation 84-7 under the Emergency Measures Act is amended

(a) in subsection (1) by striking out "New Brunswick Power Corporation";

(b) by repealing paragraph (3)(o).

Environmental Trust Fund Act
166 Subsection 1(6) of the Environmental Trust Fund Act, chapter E-9.3 of the Acts of New Brunswick, 1990, is amended by striking out "and the Electric Power Act".

Legislative Assembly Act
167 Subsection 20(2) of the Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, is amended by striking out "or Chairman or any other member of the board of directors of the New Brunswick Power Corporation".

New Brunswick Investment Management Corporation Act
168(1) Paragraph 6(c) of the New Brunswick Investment Management Corporation Act, chapter N-6.01 of the Acts of New Brunswick, 1994, is amended by striking out "New Brunswick Power Corporation" and substituting "New Brunswick Power Holding Corporation".

168(2) Paragraph 15(b) of the Act is repealed.

Proceedings Against the Crown Act
169 Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes of New Brunswick, 1973, is amended by repealing the definition of "Crown Corporation" and substituting the following:

"Crown corporation" includes, but is not limited to, the New Brunswick Power Nuclear Corporation, the New Brunswick Electric Finance Corporation, the New Brunswick Liquor Corporation, the Lotteries Commission of New Brunswick, the Workplace Health, Safety and Compensation Commission, the New Brunswick Housing Corporation, Service New Brunswick, the New Brunswick Highway Corporation and the Agricultural Development Board;

Provincial Loans Act
170 Section 3 of New Brunswick Regulation 84-65 under the Provincial Loans Act is amended

(a) by repealing paragraph (a);

(b) by adding before paragraph (b) the following:

(a.1) the New Brunswick Electric Finance Corporation;

(a.2) the New Brunswick Power Nuclear Corporation;

Public Purchasing Act
171 New Brunswick Regulation 94-157 under the Public Purchasing Act is amended

(a) by repealing paragraph 44(1)(h);

(b) in Schedule B by striking out "New Brunswick Power Corporation" and substituting the following:

New Brunswick Power Holding Corporation
New Brunswick Power Generation Corporation
New Brunswick Power Transmission Corporation
New Brunswick Power Nuclear Corporation
New Brunswick Power Distribution and Customer Service Corporation

Public Service Labour Relations Act
172 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part IV

(a) by deleting

New Brunswick Power Corporation

(b) by adding

New Brunswick Power Holding Corporation

(c) by adding after "New Brunswick Power Holding Corporation" the following:

New Brunswick Power Distribution and Customer Service Corporation
New Brunswick Power Generation Corporation
New Brunswick Power Nuclear Corporation
New Brunswick Power Transmission Corporation
New Brunswick System Operator

Public Service Superannuation Act
173 Subsection 27(7) of the Public Service Superannuation Act, chapter P-26 of the Revised Statutes, 1973, is amended by striking out "and the Electric Power Act".

174 Schedule A of New Brunswick Regulation 84-105 under the Public Service Superannuation Act is amended

(a) by striking out "New Brunswick Power Corporation" and substituting the following:

New Brunswick Power Holding Corporation

(b) by adding after "New Brunswick Power Holding Corporation" the following:

New Brunswick Power Distribution and Customer Service Corporation
New Brunswick Power Generation Corporation
New Brunswick Power Nuclear Corporation
New Brunswick Power Transmission Corporation
New Brunswick System Operator

Public Utilities Act
175(1) Section 1 of the Public Utilities Act, chapter P-27 of the Revised Statutes, 1973, is amended

(a) by repealing the definition "ancillary service";

(b) by repealing the definition "public utility" and substituting the following:

"public utility" means a person owning, operating, managing or controlling any street railway or any plant or equipment for the conveyance of telephone messages or for the production, transmission, delivery or furnishing of water or gas, either directly or indirectly, to or for the public; and when so declared by the Lieutenant-Governor in Council, includes any municipality that owns, operates, manages or controls any plant or equipment for the conveyance of telephone messages, or for the production, transmission, delivery or furnishing of heat, water, gas, light or power, either directly or indirectly, to any person outside its own limits or to any street railway, with respect to those operations;

(c) by repealing the definition "tariff" and substituting the following:

"tariff" means a schedule of all charges, rates and tolls, terms and conditions and classificiations, including rules for the calculation of tolls established for the provision of a service by a public utility;

(d) by repealing the definition "transmission service".

175(2) Part II of the Act is repealed.

175(3) Part III of the Act is repealed.

Public Works Act
176 Section 1 of the Public Works Act, chapter P-28 of the Revised Statutes, 1973, is amended in the definition "public work" by repealing paragraph (d).

Right to Information Act
177 Schedule A of New Brunswick Regulation 85-68 under the Right to Information Act is amended by striking out "New Brunswick Power Corporation" and substituting the following:

New Brunswick Power Holding Corporation
New Brunswick Power Distribution and Customer Service Corporation
New Brunswick Power Generation Corporation
New Brunswick Power Nuclear Corporation
New Brunswick Power Transmission Corporation
New Brunswick Electric Finance Corporation

Sport Development Trust Fund Act
178 Subsection 2(6) of the Sport Development Trust Fund Act, chapter S-12.12 of the Acts of New Brunswick, 1990, is amended by striking out "and the Electric Power Act".

PART VIII
REPEAL AND COMMENCMENT
Repeal of Electric Power Act
179 The Electric Power Act is repealed.

Commencement
180 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.

 

Amendment : Section 3
Add after subsection (3) the following:

(3.1) No person other than Her Majesty in Right of the Province shall hold or acquire
a voting share of the Corporation.

Section 33
Subsection (2)
Paragraph b)

In paragraph 33(2)b) of the French version, strike out « les actifs, les obligations »
and substitute « les éléments d'actifs, les éléments de passif ».

Section 65
Strike out "access the SO-controlled grid or".

Section 128
Subsection (1)
In the French version of the portion preceding paragraph a), strike out « La
Commission peut, de sa propre initiative, s'enquérir, », and substitute « La
Commission peut, de sa propre initiative ou à la suite d'une plainte formulée par
toute personne, s'enquérir, ».

Section 154
Subsection (3)
Strike out « WPS Generation Canada, Inc » in the English version and substitute
« WPS Canada Generation, Inc. ».

Section 154
Subsection (5)
Strike out « WPS Generation Canada, Inc » in the English version and substitute « WPS Canada Generation, Inc. ».

Section 155
Section 155 is amended

(a) by renumbering the section as subsection 155(1);

(b) by adding the following after subsection (1):

155(2) An application made by WPS Canada Generation, Inc. under Part I of the Public Utilities Act before the commencement of this section may be continued and completed under that Act as it read before the commencement of this section.

Section 156
Strike out « April 1, 2003 » and substitute « the commencement of this section ».

Section 175
Paragraph (b)
Strike out paragraph 175(b) and substitute the following:

(b) by repealing the definition “public utility” and substituting the following:

"public utility" means

(a) a person owning, operating, managing or controlling any street
railway or any plant or equipment for the conveyance of telephone
messages or for the production, transmission, delivery or furnishing of water or gas, either directly or indirectly, to or for the public,

(b) The Power Commission of The City of Saint John, the Perth-Andover Electric Light Commission and the city of Edmunston, in respect of their capacity to generate and distribute electricity, and

(c) when so declared by the Lieutenant-Governor in Council, includes any municipality that owns, operates, manages, or controls any plant or equipment for the conveyance of telephone messages, or for the production, transmission, delivery or furnishing of water or gas, either
directly or indirectly, to any person outside its own limits or to any street railway, with respect to those operations;

Section 84
Strike out section 84 and substitute the following:

84(1) A distributor or transmitter may enter upon the land or premises of any person
and, without the consent of the owner,

a) maintain, read or remove any meters belonging to the distributor or transmitter,

(b) maintain, inspect, repair or remove any works belonging to the distributor or transmitter, or

(c) cut down any trees that might, in the opinion of the distributor or transmitter, in falling or in any other manner, endanger the conductors, wires or works belonging to the distributor or transmitter.

84(2) Notwithstanding any provision in this or any other Act, no claim shall be made against a distributor or transmitter for damage to crops, shrubs, trees or other growing things or to land caused by or incidental to clearing rights-of-way for distribution or transmission lines or to the construction, maintenance, inspection, repair or removal of conductors, wires or works of the distributor or transmitter unless
notice of such claim is given to the distributor or transmitter, as the case may be, in writing signed by the claimant not later than 60 days after the cause for complaint
arose.

84(3) If a claim is made against a distributor or transmitter after the time limited under subsection (2), the distributor or transmitter, if satisfied that it has not been prejudiced by such delay, may waive the provisions of subsection (2) as to notice.

Section 99
Strike out section 99 and substitute the following:

99(1) The Distribution Corporation may change the charges, rates and tolls
charged by it for any category of service if the change in the charges, rates and tolls does not exceed the greater of

(a) 3 per cent, or

(b) the percentage change in the average consumer price index.

99(2) Subject to subsection (3), for the purposes of ensuring that the change in charges, rates and tolls is authorized under subsection (1),

(a) the proposed charges, rates and tolls, and

(b) the charges, rates and tolls in effect at the end of the last completed fiscal year of the Distribution Corporation, shall be applied to the actual sales of electricity in the Province for that category of service as stated in the last available audited financial statement of the Distribution Corporation.

99(3) During the first fiscal year of the Distribution Corporation, for the purposes of
ensuring that the change in charges, rates and tolls is authorized under subsection
(1),

(a) the proposed charges, rates and tolls, and

(b) the charges, rates and tolls of the Corporation in effect on March 31, 2003, shall be applied to the actual sales of electricity in the Province for that category of service as stated in the last available audited financial statement of the Corporation.


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