Acts and Regulations

2006-58 - Electricity from Renewable Resources

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NEW BRUNSWICK
REGULATION 2006-58
under the
Electricity Act
(O.C. 2006-274)
Filed July 27, 2006
Under section 149 of the Electricity Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Electricity from Renewable Resources Regulation - Electricity Act.
Definitions
2The following definitions apply in this Regulation.
“approved generation facility” means a generation facility approved by the Minister under section 4. (installation de production approuvée)
“Certification Criteria Document” means the Environmental Choice Program Certification Criteria Document CCD-003, “Electricity - Renewable Low-impact”, dated December 15, 2003, as amended from time to time, and published by TerraChoice Environmental Marketing on behalf of Environment Canada. (document de critères de certification)
“compliance year” means the year beginning on April 1 of one year and ending on the 31st day of March the following year. (année d’observance)
“environmental attributes” means environmental premiums or tradeable credits that are recognized in Canada or elsewhere as being derived from the generation of an amount of electricity from a renewable resource. (attributs environnementaux)
Electricity from renewable resources
3(1)Subject to section 7, the standard service supplier shall obtain electricity from an approved generation facility in an amount not less than that prescribed below:
Compliance year
Minimum quantity of
electricity sold by the
standard service supplier in
the Province
(kilowatt-hours)
 
2007
1%
2008
2%
2009
3%
2010
4%
2011
5%
2012
6%
2013
7%
2014
8%
2015
9%
2016 and onwards
10%
3(2)Electricity obtained from an approved generation facility that does not include the immediate and unfettered rights of ownership of any and all the environmental attributes associated with its generation shall not be counted towards fulfilling the requirement under subsection (1).
Approval of generation facility
4(1)The Minister shall approve a generation facility for the purposes of section 3 if, upon application, the operator of the facility satisfies the Minister that
(a) the facility generates alternative-use electricity, biogas-fuelled electricity, biomass-fuelled electricity, solar-powered electricity, water-powered electricity or wind-powered electricity, as those terms are defined in the Certification Criteria Document, and
(b) the facility is certified under the Environmental Choice Program established by Environment Canada as producing Type III Electricity, as that term is defined in the Certification Criteria Document.
4(2)Paragraph 4(1)(b) does not apply to
(a) an embedded generation facility that is connected to the electric power distribution system of the standard service supplier and that began generating electricity on or after April 1, 2001, or
(b) a generation facility operated by a customer of the standard service supplier if the customer has entered into a net metering agreement with the standard service supplier.
Maintaining approval
5In order to retain an approval under section 4, the operator or owner of the generation facility shall
(a) submit a report to the Minister, within 5 months after the end of each compliance year, that states the amount of electricity generated and sold to the standard service supplier from the facility on a monthly basis, and
(b) provide the Minister with a declaration
(i) that the facility continues to generate electricity of a type referred in paragraph 4(1)(a), and
(ii) if applicable, that the facility, during the compliance year in question, retained the certification referred to in paragraph 4(1)(b).
Loss of approval
6The Minister shall revoke his or her approval if the generation facility no longer meets the applicable criteria set out in section 4 or if the operator or owner of the facility fails to comply with section 5.
Credits and debits
7(1)If the standard service supplier obtains electricity from approved generation facilities for a given compliance year in an amount in excess of that required for the compliance year, it shall
(a) credit such excess amount towards any shortfalls incurred in meeting the amount of electricity required to be obtained in previous compliance years, applying it in chronological order commencing with the earliest incurred shortfall, and
(b) bank any remainder for use as a credit towards another compliance year.
7(2)If the standard service supplier fails to obtain the required amount of electricity from approved generation facilities in a given compliance year, it shall record the shortfall and shall ensure that it is eliminated within 3 years after the year in which it is incurred.
Compliance report
8(1)The standard service supplier shall file a compliance report with the Minister within 5 months after the end of each compliance year.
8(2)The report shall include, but is not limited to following:
(a) the total of its electricity sales in kilowatt-hours for the compliance year;
(b) the minimum percentage requirement for the compliance year as set out in section 3;
(c) the amount of electricity obtained on a monthly basis from each approved generation facility;
(d) credits carried over in respect of electricity obtained from an approved generation facility from previous compliance years, if any, and a statement as to the year or years in which the credits were recorded;
(e) shortfalls carried over in respect of electricity obtained from an approved generation facility from previous compliance years, if any, and a statement as to the year or years in which the shortfalls were recorded;
(f) the credits or shortfalls to be carried over to the next compliance year, after the application of section 7.
8(3)The report shall be accompanied by a declaration by the chief executive officer of the standard service supplier, with respect to the electricity referred to in paragraph (2)(c), that the electricity obtained included the immediate and unfettered rights of ownership of any and all the environmental attributes resulting from its generation.
Plan for achieving compliance
9If a shortfall under subsection 7(2) is not eliminated within 3 compliance years after it is incurred, the standard service supplier shall submit to the Minister, by September 1st of the compliance year next following, a plan for eliminating the shortfall within the period of the current and next 2 compliance years.
N.B. This Regulation is consolidated to July 27, 2006.