Acts and Regulations

2004-2 - General

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Revoked on 1 October 2013
NEW BRUNSWICK
REGULATION 2004-2
under the
Electricity Act
(O.C. 2004-8)
Filed January 26, 2004
Under section 149 of the Electricity Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2013, c.7, s.168
1This Regulation may be cited as the General Regulation - Electricity Act.
2In this Regulation, “Act” means the Electricity Act.
3For the purposes of the Act and this Regulation, “industrial customer” means a person who owns or operates a facility that has a power requirement of not less than 750 kilowatts and that is directly connected to the SO-controlled grid.
3.1(1)An industrial customer is exempt from paragraph 86(c) of the Act, but only for so long as
(a) the industrial customer does not sell any of the electricity or ancillary services it produces other than the electricity it sells to the standard service supplier in accordance with the Large Industrial Renewable Energy Purchase Program as set out in section 3.1 of New Brunswick Regulation 2006-58 under the Act, and
(b) all electricity service purchased by the industrial customer is standard service.
3.1(2)A municipal distribution utility is exempt from paragraph 86(c) of the Act, but only for so long as
(a) none of the electricity or ancillary services it produces are sold to any person other than the customers of the municipal distribution utility, and
(b) all electricity service purchased by the municipal distribution utility is standard service.
2005-1; 2012-1
4(1)The eligibility criteria for a person to be appointed as a member of the board of directors of the SO are as follows:
(a) the person is not a director, officer or employee of a generator, transmitter, distributor, industrial customer or any other person who provides or conveys, or causes to be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid;
(b) the person does not have a direct or indirect legal or beneficial interest in, or commercial affiliation with
(i) a generator, transmitter, distributor, industrial customer,
(ii) any other person who provides or conveys, or causes to be provided or conveyed, electricity or ancillary services into, through or out of the SO-controlled grid, or
(iii) an affiliate of a person referred to in subparagraphs (i) or (ii).
4(2)For the purposes of paragraph (1)(b),
(a) an interest held as the beneficiary of a trust that does not permit the beneficiary to have any knowledge of the holdings of the trust is not a legal or beneficial interest;
(b) an interest in a mutual fund is not a legal or beneficial interest unless the mutual fund is operated as an investment club where
(i) its shares or units are held by not more than 50 persons and its indebtedness has never been offered to the public,
(ii) it does not pay or give any remuneration for investment advice or in respect of trades in securities, except normal brokerage fees, and
(iii) all of its members are required to make contributions in proportion to the shares or units each holds for the purpose of financing its operations.
4(3)For the purposes of paragraph (1)(b), a person has a commercial affiliation with another person if the person supplies goods or services or receives goods and services from the other person, unless
(a) the person receives the goods or services in the ordinary course of being a customer of a distributor or an affiliate of a distributor, or
(b) a person appointed by the Lieutenant-Governor in Council for the purposes of this paragraph determines that the supply or receipt of the goods or services does not materially affect the independence of the person from
(i) generators, transmitters, distributors or industrial customers,
(ii) any other person who provides or conveys, or causes to be provided or conveyed, electricity or ancillary services through the SO-controlled grid, or
(iii) affiliates of persons referred to in subparagraphs (i) or (ii).
5The date for the purposes of subsection 58(6) of the Act is the date of the commencement of section 40 of the Act.
6This Regulation comes into force on October 1, 2004.
2004-100
N.B. This Regulation is consolidated to October 1, 2013.