Legislative Assembly of New Brunswick
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An Act to Amend the Electric Power Act

Legislature :
54
Session :
4
Bill No. :
25
Member :
Hon. Volpé
First Reading :
2001-12-19
Second Reading :
2001-12-20
Committee of the Whole :
2002-1-9
Amended :
Third Reading :
2002-1-10
Royal Assent :
2002-1-11

Text of Bill :

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

1 Section 22 of the Electric Power Act, chapter E-5 of the Revised Statutes, 1973, is amended by adding after subsection (4) the following:

22(5) Notwithstanding the general powers conferred upon the Corporation by this section, the Corporation shall not

       (a) exercise the powers set out in paragraph (1)(c) to take and expropriate against a person referred to in paragraph 32(1)(a), (b) or (c); or

       (b) exercise the powers set out in paragraph (1)(g) to require a person referred to in paragraph 32(1)(a), (b) or (c) to supply so much electric power to the Corporation as
       it requests.

2 Section 32 of the Act is amended

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

32(1) Notwithstanding any Act of the Legislature passed before or after March 8, 1953, or the charter of any corporation granted before or after that date, or any contract or
franchise entered into or granted before or after that date, no person other than the Corporation shall supply or sell electric power in any municipality or in any locality without
first having obtained the approval of the Lieutenant-Governor in Council to do so, unless

       (a) on March 1, 1962, the person was so supplying or selling electric power in that municipality or locality;

       (b) the person is supplying or selling electric power to the Corporation, or

       (c) the person is supplying electric power to a single site for that person's own use.

       (b) by adding after subsection (2) the following:

32(2.1) Subsection (2) does not apply to paragraph (1)(b) or (c).

       (c) by repealing subsection (3).

3 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

                                                                            EXPLANATORY NOTES

Section 1

New provision.

Section 2

       (a) The existing provision is as follows:

32(1) Notwithstanding any Act of the Legislature passed before or after March 8, 1953 or the charter of any corporation granted before or after that date, or any contract or
franchise entered into or granted before or after that date, no person other than the Corporation shall supply or sell electric power in any municipality or in any locality without
first having obtained the approval of the Lieutenant-Governor in Council to do so, unless on March 1, 1962 the person was so supplying or selling electric power in that
municipality or locality.

       (b) New provision.

       (c) The existing provision is as follows:

32(3) Notwithstanding anything contained in any other Act, public or private, no installation for generating electric power with a capacity of more than five hundred rated
horsepower shall be made in the Province without the consent of the Lieutenant-Governor in Council.

Section 3

Commencement provision.

 

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