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

2(2)If a conflict exists between a provision of the approved transmission tariff and a provision of the electricity business rules, the provision of the approved transmission tariff prevails.

2(3)If a conflict exits between a provision of an approved reliability standard and a provision of the electricity business rules, the more stringent provision prevails.

2(4)If a conflict exists between a provision of an approved reliability standard and a provision of the approved transmission tariff, the more stringent provision prevails.

2.1(1)There is established a corporation with share capital under the name New Brunswick Power Holding Corporation consisting of those persons who compose the board of directors. 

2.1(2)The Holding Corporation is a Crown corporation and is, for all purposes, an agent of the Crown.

2.1(3)Subject to this Act, the Holding Corporation has the capacity, rights, powers and privileges of a natural person.

2.1(4)The Holding Corporation has the capacity to carry on its business, conduct its affairs and exercise its powers outside the Province.

2.1(5)The Business Corporations Act does not apply to the Holding Corporation.

2.1(6)The head office of the Holding Corporation is at The City of Fredericton

2.11(1)The authorized capital of the Holding Corporation consists of an unlimited number of common shares without nominal or par value.

2.11(2)On the commencement of section 2.1, one voting share of the Holding Corporation shall be issued to the Crown as represented by the Minister.

2.11(3)Only the Crown as represented by the Minister may hold or acquire a voting share of the Holding Corporation.

2.11(4)The Holding Corporation may, by by-law,

2.11(5)No person shall transfer any notes, bonds, debentures or other securities of the Holding Corporation, other than non-convertible debt securities, without the approval of the Lieutenant-Governor in Council.

2.11(6)Subject to the rights, privileges, restrictions and conditions attaching to a class of shares and subject to subsection 2.7(5), the Holding Corporation may purchase or otherwise acquire shares issued by it.

2.11(7)The Holding Corporation may issue certificates in any form approved by the board of directors of the Holding Corporation to evidence any shares or other securities issued by the Holding Corporation.

2.12(1)The board of directors of the Holding Corporation shall administer the business and affairs of the Holding Corporation on a commercial basis, taking into consideration government policy.

2.12(2)The board of directors of the Holding Corporation shall be composed of

2.12(3)The directors referred to in paragraph (2)(b) shall be appointed for a term not exceeding five years.

2.12(4)Despite subsection (3), a director referred to in paragraph (2)(b) shall hold office at the pleasure of the Lieutenant-Governor in Council.

2.12(5)A director referred to in paragraph (2)(b) shall be appointed from among those persons nominated by the board of directors of the Holding Corporation in accordance with subsection (7).

2.12(6)Before making nominations under this section, the board of directors of the Holding Corporation shall advise the Lieutenant-Governor in Council of

2.12(7)In making nominations under this section, the board of directors of the Holding Corporation shall

2.12(8)A director referred to in paragraph (2)(b) may be reappointed for a second or subsequent term of office not exceeding five years, but subsection (5) does not apply to a director who is reappointed before or immediately after the expiry of their previous term.

2.12(9)Despite subsections (3) and (8) and subject to subsection (4), a director referred to in paragraph (2)(b) shall remain in office until the director resigns or is reappointed or replaced.

2.12(10)The resignation of a director becomes effective at the time a written resignation is received by the Holding Corporation, or at the time specified in the resignation, whichever is later.

2.12(11)A vacancy on the board of directors of the Holding Corporation does not impair the capacity of the board to act as long as a quorum is maintained.

2.2(1)The Lieutenant-Governor in Council shall appoint a Chair of the board of directors of the Holding Corporation and a Vice-Chair of its board of directors from among the directors referred to in paragraph 2.12(2)(b).

2.2(2)A Chair or Vice-Chair shall hold office as such for a term fixed by the Lieutenant-Governor in Council and may be reappointed for a second or subsequent term of office.

2.2(3)Subject to subsection (4), the Chair, or in the Chair’s absence, the Vice-Chair, shall preside at meetings of the board of directors of the Holding Corporation.

2.2(4)If the Chair and Vice-Chair are absent from a meeting of the board of directors of the Holding Corporation, the directors present may elect from among themselves a person to preside at the meeting.

2.2(5)In the case of a temporary absence or inability to act of the Chair or Vice-Chair, the Lieutenant-Governor in Council may appoint from among the directors referred to in paragraph 2.12(2)(b) a substitute for the Chair or Vice-Chair for the period of the temporary absence or inability to act.

2.2(6)Despite subsection (2), if the Chair or Vice-Chair ceases to be a director of the Holding Corporation, they cease to be the Chair or the Vice-Chair, as the case may be.

2.2(7)Despite subsection (2), but subject to subsection (6), the Chair or Vice-Chair shall remain in office until they resign or are reappointed or replaced.

2.2(8)The resignation of the Chair or Vice-Chair becomes effective at the time a written resignation is received by the Holding Corporation, or at the time specified in the resignation, whichever is later.

2.21(1)Despite section 2.12, the members of the board of directors of the Corporation are appointed to the first board of directors of the Holding Corporation.

2.21(2)Despite section 2.2, the Chair and Vice-Chair of the Corporation are appointed to be the first Chair and Vice-Chair of the board of directors of the Holding Corporation.

2.21(3)The members of the first board of directors of the Holding Corporation and the first Chair and Vice-Chair shall hold office at the pleasure of the Lieutenant-Governor in Council.

2.21(4)Despite section 2.4, no remuneration shall be paid to the first members of the board of directors of the Holding Corporation or to the first Chair and Vice-Chair.

2.3(1)The meetings of the board of directors of the Holding Corporation shall be held in the Province on the notice that is required by its by-laws.

2.3(2)A director may in any manner waive notice of a meeting of the board of directors and attendance of a director at a meeting of the board of directors is a waiver of notice of the meeting, except if a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting was not lawfully called.

2.3(3)A director 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, and a director participating in such a meeting by those means shall be deemed for the purposes of this Act to be present at that meeting.

2.31(1)A resolution in writing signed by all directors of the Holding Corporation entitled to vote on that resolution at a meeting of its board of directors or a committee of its board of directors is as valid as if it had been passed at a meeting of the board or committee duly called, constituted and held.

2.31(2)If counterparts of a resolution in writing have been signed by all the directors entitled to vote on that resolution at a meeting of the board of directors or committee of the board of directors, the resolution is as valid as if it had been passed at a meeting of the board or committee duly called, constituted and held.

2.31(3)Every signed resolution or counterpart referred to in this section shall be kept with the minutes of the proceedings of the board of directors or committee of the board of directors.

2.32(1)A director who is present at a meeting of the board of directors of the Holding Corporation or of a committee of the board of directors shall be deemed to have consented to any resolution passed or action taken at the meeting unless

2.32(2)A director who votes for or consents to a resolution is not entitled to dissent under subsection (1).

2.41(1)In addition to any other by-laws authorized or required to be made under this Act and subject to this Act, the Holding Corporation may, with the approval of the Lieutenant-Governor in Council, make by-laws for the control and management of the Holding Corporation’s affairs, including, but not limited to, by-laws

2.41(2)The Regulations Act does not apply to by-laws made by the Holding Corporation.

2.42(1)The Lieutenant-Governor in Council shall appoint a President and Chief Executive Officer of the Holding Corporation for a term not exceeding five years.

2.42(2)The President and Chief Executive Officer shall be appointed from among those persons nominated by the board of directors of the Holding Corporation in accordance with subsection (7).

2.42(3)The President and Chief Executive Officer is, subject to the direction of the board of directors of the Holding Corporation, charged with the general direction, supervision and control of the business of the Holding Corporation and may exercise any other powers and duties conferred on them by the by-laws of the Holding Corporation or by this Act.

2.42(4)The President and Chief Executive Officer shall be paid the remuneration that the Lieutenant-Governor in Council determines, and the payment shall be made out of the funds of the Holding Corporation.

2.42(5)In determining the remuneration of the President and Chief Executive Officer, the Lieutenant-Governor in Council shall consider any recommendation made by the board of directors of the Holding Corporation.

2.42(6)Before making nominations under this section, the board of directors of the Holding Corporation shall advise the Lieutenant-Governor in Council of the skills and qualification requirements for nominees for the position of President and Chief Executive Officer.

2.42(7)In making nominations under this section, the board of directors of the Holding Corporation shall

2.42(8)A President and Chief Executive Officer may be reappointed for a second or subsequent term of office not exceeding five years, but subsection (2) does not apply to a President and Chief Executive Officer who is reappointed before or immediately after the expiry of their previous term.

2.42(9)In the case of a temporary absence or inability to act of the President and Chief Executive Officer, the board of directors of the Holding Corporation may, despite anything else in this section, appoint a substitute for them for the period of the temporary absence or inability to act.

2.42(10)On the recommendation of the board of directors of the Holding Corporation, the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office in accordance with a contract of employment between the Holding Corporation and the President and Chief Executive Officer or in accordance with applicable law.

2.42(11)Despite subsection (10), the Lieutenant- Governor in Council may remove the President and Chief Executive Officer from office in the circumstances set out in the regulations.

2.42(12)If the President and Chief Executive Officer is removed under subsection (10) or (11), the board of directors of the Holding Corporation may, despite anything else in this section, appoint a substitute to hold office until a new President and Chief Executive Officer is appointed under this section.

2.42(13)Despite subsections (1) and (8) and subject to subsections (10) and (11), the President and Chief Executive Officer shall remain in office until they resign or are reappointed or replaced.

2.42(14)The resignation of the President and Chief Executive Officer becomes effective at the time a written resignation is received by the Holding Corporation, or at the time specified in the resignation, whichever is later.

2.5(1)Despite subsection 2.42(1), the President and Chief Executive Officer of the Corporation is appointed as the first President and Chief Executive Officer of the Holding Corporation.

2.5(2)The first President and Chief Executive Officer of the Holding Corporation shall hold office at the pleasure of the Lieutenant-Governor in Council.

2.5(3)Despite subsection 2.42(4), no remuneration shall be paid to the first President and Chief Executive Officer of the Holding Corporation.

2.52(1)Every director and officer of the Holding Corporation in exercising their powers and discharging their duties shall

2.52(2)Every director and officer of the Holding Corporation shall comply with this Act, the regulations and the by-laws of the Holding Corporation.

2.52(3)A director or officer of the Holding Corporation who exercises their powers or discharges their duties in accordance with this Act, the regulations or the by-laws of the Holding Corporation shall be deemed to act in the best interests of the Holding Corporation.

2.6(1)No action or other proceeding lies or shall be instituted against a director, officer or employee of the Holding Corporation or against a former director, officer or employee of the Holding 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.

2.6(2)Subsection (1) does not relieve the Holding 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).

2.61(1)The Holding Corporation may indemnify a director or officer of the Holding Corporation or of a subsidiary of the Holding Corporation against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by the individual in respect of any civil, criminal, administrative, investigative or other proceeding in which the individual is involved because of that association with the Holding Corporation or the subsidiary.

2.61(2)The Holding Corporation may advance money to an individual referred to in subsection (1) for the costs, charges and expenses of a proceeding referred to in that subsection, and the individual shall repay the money if it is determined by a court or other competent authority that the individual does not fulfil the conditions of subsection (3).

2.61(3)The Holding Corporation may not indemnify an individual under subsection (1) unless

2.61(4)Despite subsection (1), an individual referred to in that subsection is entitled to indemnity from the Holding Corporation in respect of all costs, charges and expenses reasonably incurred by the individual in connection with the defence of any civil, criminal, administrative, investigative or other proceeding to which the individual is subject because of the individual’s association with the Holding Corporation or a subsidiary of the Holding Corporation, if the individual seeking indemnity

2.61(5)The Holding Corporation may purchase and maintain insurance for the benefit of an individual referred to in subsection (1) against any liability incurred by the individual as a director or officer of the Holding Corporation or of a subsidiary of the Holding Corporation.

2.62(1)With the approval of the Lieutenant-Governor in Council, the Holding Corporation may incorporate a subsidiary under the Business Corporations Act.

2.62(2)The articles of incorporation of a subsidiary of the Holding Corporation referred to in subsection (1) shall be submitted to and approved by the Lieutenant-Governor in Council before submission to the Director.

2.62(3)A subsidiary of the Holding Corporation referred to subsection (1) shall not be an agent of the Crown for any purpose.

2.7(1)The Holding Corporation shall not, without the approval of the Lieutenant-Governor in Council, do any of the following:

2.7(2)Despite paragraph (1)(e), the Holding Corporation may acquire and hold for cash management purposes shares or other ownership interests issued by another entity as long as the Holding Corporation does not hold more than ten percent of the issued and outstanding voting shares or interests of that other entity.

2.7(3)Paragraph (1)(e) does not apply to the holding by the Holding Corporation of shares in a subsidiary of the Holding Corporation.

2.7(4)Paragraph (1)(h) does not apply to the guaranteeing of any obligation of a subsidiary of the Holding Corporation.

2.7(5)Except in the ordinary course of business of the Holding Corporation, the Holding Corporation shall not, as part of a transaction or series of related transactions, purchase, lease or otherwise acquire, or sell, exchange, lease or otherwise dispose of, an asset or assets with a value greater than $50 million without the approval of the Lieutenant-Governor in Council.

2.71(1)The Holding Corporation may declare or pay a dividend unless there are reasonable grounds for believing that

2.71(2)Any dividends payable to the Crown shall be paid to the Minister of Finance and Treasury Board.

3(1.1)On the commencement of this subsection, the one common share held by the Crown, as represented by the Minister, in the Corporation is transferred to the Holding Corporation.

3(1.2)For greater certainty, once the transfer referred to in subsection (1.1) occurs, the Corporation becomes a subsidiary of the Holding Corporation.

3(2)The Corporation may use and be legally designated by the English or French version of its name.

3(3)The Corporation is a Crown corporation and is, for all purposes, an agent of the Crown.

3(4)Subject to this Act, the Corporation has the capacity, rights, powers and privileges of a natural person.

3(5)The Corporation has the capacity to carry on its business, conduct its affairs and exercise its powers outside the Province.

3(6)The Business Corporations Act does not apply to the Corporation.

3(7)The head office of the Corporation shall be at The City of Fredericton.

6(1)The authorized capital of the Corporation consists of an unlimited number of common shares without nominal or par value.

6(2)The Corporation may, by by-law,

6(3)No person shall transfer any notes, bonds, debentures or other securities of the Corporation, other than non-convertible debt securities, without the approval of the Lieutenant-Governor in Council.

6(4)Subject to the rights, privileges, restrictions and conditions attaching to a class of shares and subject to subsection 36(6), the Corporation may purchase or otherwise acquire shares issued by it.

6(5)The Corporation may issue certificates in any form approved by the board of directors of the Corporation to evidence any shares or other securities issued by the Corporation.

13(1)The liability of the Crown as guarantor of a security or other liability of any of the predecessor corporations of the Corporation pursuant to a written guarantee given by the Crown before October 1, 2013, is not affected by anything in this Act.

13(2)The liability of the Crown as principal of any of the predecessor corporations of the Corporation with respect to liabilities and obligations entered into by any of those corporations on behalf of the Crown before October 1, 2013, is not affected by anything in this Act.

15(1)The board of directors of the Corporation shall administer the business and affairs of the Corporation on a commercial basis, taking into consideration government policy.

15(2)The board of directors of the Corporation shall be composed of

15(3)The directors referred to in paragraph (2)(b) shall be appointed for a term not exceeding five years.

15(4)Despite subsection (3), a director referred to in paragraph (2)(b) shall hold office at the pleasure of the Lieutenant-Governor in Council.

15(5)A director referred to in paragraph (2)(b) shall be appointed from among those persons nominated by the board of directors of the Corporation in accordance with subsection (7).

15(6)Before making nominations under this section, the board of directors of the Corporation shall advise the Lieutenant-Governor in Council of

15(7)In making nominations under this section, the board of directors of the Corporation shall

15(8) A director referred to in paragraph (2)(b) may be reappointed for a second or subsequent term of office not exceeding five years, but subsection (5) does not apply to a director who is reappointed before or immediately after the expiry of his or her previous term.

15(9)Despite subsections (3) and (8) and subject to subsection (4), a director referred to in paragraph (2)(b) shall remain in office until the director resigns or is reappointed or replaced.

15(10)The resignation of a director becomes effective at the time a written resignation is received by the Corporation, or at the time specified in the resignation, whichever is later.

15(11)A vacancy on the board of directors of the Corporation does not impair the capacity of the board to act as long as a quorum is maintained.

16(1)The Lieutenant-Governor in Council shall appoint from among the directors referred to in paragraph 15(2)(b) a Chair and a Vice-Chair.

16(2)A Chair or Vice-Chair shall hold office as such for a term to be fixed by the Lieutenant-Governor in Council and may be reappointed as Chair or Vice-Chair for a second or subsequent term of office.

16(3)Subject to subsection (4), the Chair, or in his or her absence, the Vice-Chair, shall preside at meetings of the board of directors of the Corporation.

16(4)If the Chair and Vice-Chair are absent from a meeting of the board of directors of the Corporation, the directors present may elect from among themselves a person to preside at the meeting.

16(5)In the case of a temporary absence or inability to act of the Chair or Vice-Chair, the Lieutenant-Governor in Council may appoint from among the directors referred to in paragraph 15(2)(b) a substitute for the Chair or Vice-Chair for the period of the temporary absence or inability to act.

16(6)Despite subsection (2), if the Chair or Vice-Chair ceases to be a director of the Corporation, he or she ceases to be the Chair or Vice-Chair, as the case may be.

16(7)Despite subsection (2), but subject to subsection (6), the Chair or Vice-Chair shall remain in that office until he or she resigns or is reappointed or replaced.

16(8)The resignation of the Chair or Vice-Chair becomes effective at the time a written resignation is received by the Corporation, or at the time specified in the resignation, whichever is later.

18(1)The meetings of the board of directors of the Corporation shall be held in the Province on such notice as is required by the by-laws of the Corporation.

18(2)A director may in any manner waive notice of a meeting of the board of directors and attendance of a director at a meeting of the board of directors is a waiver of notice of the meeting, except if a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting was not lawfully called.

18(3)A director 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, and a director participating in such a meeting by those means shall be deemed for the purposes of this Act to be present at that meeting.

19(1)A resolution in writing signed by all directors of the Corporation entitled to vote on that resolution at a meeting of its board of directors or a committee of its board of directors is as valid as if it had been passed at a meeting of the board or committee duly called, constituted and held.

19(2)If counterparts of a resolution in writing have been signed by all the directors entitled to vote on that resolution at a meeting of the board of directors or committee of the board of directors, the resolution is as valid as if it had been passed at a meeting of the board or committee duly called, constituted and held.

19(3)Every signed resolution or counterpart referred to in this section shall be kept with the minutes of the proceedings of the board of directors or committee of the board of directors.

20(1)A director who is present at a meeting of the board of directors of the Corporation or of a committee of the board of directors shall be deemed to have consented to any resolution passed or action taken at the meeting unless

20(2)A director who votes for or consents to a resolution is not entitled to dissent under subsection (1).

22(1)In addition to any other by-laws authorized or required to be made under this Act and subject to this Act, the Corporation may, with the approval of the Lieutenant-Governor in Council, make by-laws for the control and management of the Corporation’s affairs, including, but not limited to, by-laws

22(2)The Regulations Act does not apply to by-laws made by the Corporation.

23(1)The Lieutenant-Governor in Council shall appoint a President and Chief Executive Officer for a term not exceeding five years.

23(2)The President and Chief Executive Officer shall be appointed from among those persons nominated by the board of directors of the Corporation in accordance with subsection (7).

23(3)The President and Chief Executive Officer is, subject to the direction of the board of directors of the Corporation, charged with the general direction, supervision and control of the business of the Corporation and may exercise any other powers and duties conferred on him or her by the by-laws of the Corporation or by this Act.

23(4)The President and Chief Executive Officer shall be paid the remuneration that the Lieutenant-Governor in Council determines, and the payment shall be made out of the funds of the Corporation.

23(5)In determining the remuneration of the President and Chief Executive Officer, the Lieutenant-Governor in Council shall consider any recommendation made by the board of directors of the Corporation.

23(6)Before making nominations under this section, the board of directors of the Corporation shall advise the Lieutenant-Governor in Council of the skills and qualification requirements for nominees for the position of President and Chief Executive Officer.

23(7)In making nominations under this section, the board of directors of the Corporation shall

23(8) A President and Chief Executive Officer may be reappointed for a second or subsequent term of office not exceeding five years, but subsection (2) does not apply to a President and Chief Executive Officer who is reappointed before or immediately after the expiry of his or her previous term.

23(9)In the case of a temporary absence or inability to act of the President and Chief Executive Officer, the board of directors of the Corporation may, despite anything else in this section, appoint a substitute for him or her for the period of the temporary absence or inability to act.

23(10)On the recommendation of the board of directors of the Corporation, the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office in accordance with a contract of employment between the Corporation and him or her or in accordance with applicable law.

23(11)Despite subsection (10), the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office in the circumstances set out in the regulations.

23(12)If the President and Chief Executive Officer is removed under subsection (10) or (11), the board of directors of the Corporation may, despite anything else in this section, appoint a substitute for him or her to hold office until a new President and Chief Executive Officer is appointed under this section.

23(13)Despite subsections (1) and (8) and subject to subsections (10) and (11), the President and Chief Executive Officer shall remain in office until he or she resigns or is reappointed or replaced.

23(14)The resignation of the President and Chief Executive Officer becomes effective at the time a written resignation is received by the Corporation, or at the time specified in the resignation, whichever is later.

25(1)Every director and officer of the Corporation in exercising his or her powers and discharging his or her duties shall

25(2)Every director and officer of the Corporation shall comply with this Act, the regulations and the by-laws of the Corporation.

25(3)A director or officer of the Corporation who exercises his or her powers or discharges his or her duties in accordance with this Act, the regulations or the by-laws of the Corporation shall be deemed to act in the best interests of the Corporation.

26(1)No action or other proceeding lies or shall be instituted against a director, officer or employee of the Corporation or of a subsidiary of the Corporation or against a former director, officer or employee of the Corporation, of a subsidiary of the Corporation or of a predecessor 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.

26(2)Subsection (1) does not relieve the Corporation, a subsidiary of the Corporation or a predecessor 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).

27(1)The Corporation may indemnify a director or officer of the Corporation or of a subsidiary of the Corporation against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by the individual in respect of any civil, criminal, administrative, investigative or other proceeding in which the individual is involved because of that association with the Corporation or subsidiary of the Corporation.

27(2)The Corporation may advance money to an individual referred to in subsection (1) for the costs, charges and expenses of a proceeding referred to in that subsection, and the individual shall repay the money if it is determined by a court or other competent authority that the individual does not fulfil the conditions of subsection (3).

27(3)The Corporation may not indemnify an individual under subsection (1) unless

27(4)Despite subsection (1), an individual referred to in that subsection is entitled to indemnity from the Corporation in respect of all costs, charges and expenses reasonably incurred by the individual in connection with the defence of any civil, criminal, administrative, investigative or other proceeding to which the individual is subject because of the individual’s association with the Corporation or a subsidiary of the Corporation, if the individual seeking indemnity

27(5)The Corporation may purchase and maintain insurance for the benefit of an individual referred to in subsection (1) against any liability incurred by the individual as a director or officer of the Corporation or of a subsidiary of the Corporation.

29(1)Without limiting the generality of subsection 3(4), the Corporation has the power

29(2)Despite the powers conferred on the Corporation by this section and subject to subsection (3), if any public land, public highway, public street, public place, bridge, viaduct or railway referred to in paragraph (1)(a) or (b) is under the administration and control of the Minister of Transportation and Infrastructure, the Corporation shall not exercise any of the powers set out in those paragraphs with respect to any works or part of them unless

29(3)If any public land, public highway, public street, public place, bridge, viaduct or railway referred to in paragraph (1)(a) or (b) is under the administration and control of

29(4)The location of any conduits, wires, poles, towers, equipment or works to be put down, carried, constructed or erected under paragraph (1)(b) shall be agreed on by the Corporation and the local government or other authority having control of the public street or highway, and, in the case of disagreement, shall be determined by the Lieutenant-Governor in Council.

29(5)This section is subject to any agreement in effect between the Corporation and the Department of Transportation and Infrastructure, the New Brunswick Highway Corporation or a project company as defined in the New Brunswick Highway Corporation Act.

31(1)If property, other than land, is proposed to be taken for the use of the Corporation as authorized under paragraph 29(1)(c), a notice, which has been signed by the Chair or the President and Chief Executive Officer, shall be served or published in accordance with subsection (6).

31(2)The notice referred to in subsection (1) shall

31(3)Subject to subsection (5), the property vests in the Corporation on the expiry of the 30-day period referred to in subsection (6) unless, within that period, the Corporation personally serves the notice referred to in subsection (1) on the owner of the property, in which case the property vests in the Corporation at the time of the service of the notice.

31(4)Despite subsection (3) and subject to subsection (5), if the Chair or the President and Chief Executive Officer certifies on the notice signed under subsection (1) that the property is being taken as a result of an emergency, the property vests in the Corporation at the time of the certification.

31(5)If the notice referred to in subsection (1) indicates by appropriate words that the property other than land is taken for a limited time only, or that only a limited estate, right or interest in the property is taken, the right to possession for the limited time, or the limited estate, right or interest, vests in the Corporation at the time determined under subsection (3) or (4), as the case may be.

31(6)Within 30 days after the signing of the notice under subsection (1), the Corporation shall serve the notice personally on the owner of the property or, in the event that the owner is unknown or cannot be served after reasonable efforts have been made, shall cause the notice to be published once a week for three consecutive weeks, and at least once during the 30 days, in a newspaper having a general circulation in the county in which the property is situated.

31(7)The vesting of property under this section is not affected by an omission or error in the notice referred to in subsection (1) unless the omission or error is seriously misleading.

32(1)When property vests in the Corporation under section 31, the Corporation may immediately take possession of and use the property, despite that the amount of compensation has neither been agreed on nor determined.

32(2)The right to enter, take possession of, use and enjoy land that has been expropriated by the Corporation shall be determined in accordance with the Expropriation Act.

33(1)The Corporation shall make to the owner of property acquired by it or injuriously affected by the exercise of any of its compulsory powers conferred by this Act due compensation for the property acquired or for any damage resulting from the exercise of the powers.

33(2)If the Corporation and the owner cannot agree on the amount of compensation to be paid by the Corporation, the amount shall be determined in accordance with the Expropriation Act.

34(1)An easement in favour of the Corporation to use land for the purpose of transmitting or conducting electricity over transmission lines shall be deemed to also include an easement to use the land for the purpose of transmitting or conducting electricity over distribution lines.

34(2)Subsection (1) applies whether the easement was granted before or after the commencement of this section.

36(1)The Corporation shall not, without the approval of the Lieutenant-Governor in Council, do any of the following:

36(2)Despite paragraph (1)(f), the Corporation may acquire and hold for cash management purposes shares or other ownership interests issued by another entity as long as the Corporation does not hold more than ten percent of the issued and outstanding voting shares or interests of that other entity.

36(3)Paragraph (1)(f) does not apply to the holding by the Corporation of shares in the Marketing Corporation.

36(4)Paragraph (1)(h) does not apply to the election of the board of directors of the Marketing Corporation.

36(5)Paragraph (1)(j) does not apply to the guaranteeing of any obligation of the Marketing Corporation.

36(6)Except in the ordinary course of business of the Corporation, the Corporation shall not, as part of a transaction or series of related transactions, purchase, lease or otherwise acquire, or sell, exchange, lease or otherwise dispose of, an asset or assets with a value greater than $50 million without the approval of the Lieutenant-Governor in Council.

36(7)A subsidiary of the Corporation shall not, without obtaining the approval of the Lieutenant-Governor in Council, carry on any activity that, if carried on by the Corporation directly, would require the approval of the Lieutenant-Governor in Council.

37(1)In this section, “project company” means a corporation formed for the purpose of the refurbishment of existing works or the construction of new works and designated by resolution of the board of directors of the Corporation as a project company under this subsection.

37(2)A certified copy of any resolution made under subsection (1) shall be published in The Royal Gazette within 30 days after the approval of the resolution by the Lieutenant-Governor in Council, but failure to do so shall not affect the status of a project company.

37(3)A corporation designated under this section as a project company shall be a project company for all or any purposes of this Act or the regulations, subject to the limitations, terms, conditions and requirements set out in the resolution made under subsection (1).

37(4)The Corporation may enter into an agreement with a project company for the refurbishment of existing works or the construction of new works.

37(5)If the Corporation is given any power, authority, right, duty or responsibility under a provision of this Act or of the regulations that relates to the refurbishment of existing works or the construction of new works, that power, authority, right, duty or responsibility may be delegated by the Corporation to a project company in an agreement referred to in subsection (4), and the Corporation may, in the agreement,

37(6)Subject to subsection (7), a project company is not an agent of the Crown for any purpose.

37(7)The Corporation may declare in an agreement referred to in subsection (4) that the project company is acting as an agent of the Crown for, and only for, the purpose or purposes set out in the agreement.

37(8)Subject to subsection (9), no action or other proceeding lies or shall be instituted against the Corporation or the Crown in respect of any act or omission of a project company or its directors, officers, employees, trustees, partners, proprietors or members.

37(9) If, in accordance with subsection (7), the Corporation declares in an agreement that a project company is acting as an agent of the Crown for one or more purposes set out in the agreement, subsection (8) does not apply to any act or omission related to any of those purposes that is committed by the project company or one of its directors, officers, employees, trustees, partners, proprietors or members.

37(10)A project company may assign, sublease or sublicense, as security or for any other purpose, its powers, rights, duties, responsibilities and obligations under an agreement between it and the Corporation, in accordance with the agreement.

37(11)The revenues, investments and other assets of a project company do not form part of the Consolidated Fund, whether or not the project company has been declared to be an agent of the Crown under subsection (7).

37(12)Despite the Procurement Act and the regulations under that Act, that Act and those regulations do not apply to

38(1)The Corporation may declare or pay a dividend unless there are reasonable grounds for believing that

38(2)Any dividends of the Corporation shall be paid to the Holding Corporation.

44(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 considers necessary for the benefit of the Corporation, and the sums so raised may either be advanced to the Corporation or applied by the Minister of Finance and Treasury Board in the purchase of notes, bonds, debentures or other securities issued by the Corporation.

44(2)Subject to subsection (3), all advances made under subsection (1) to the Corporation shall be made on the terms and conditions agreed on between the Corporation and the Minister of Finance and Treasury Board.

44(3)The Corporation shall reimburse the Minister of Finance and Treasury Board for all charges and expenses incurred or to be incurred by the Minister of Finance and Treasury Board in connection with the creation and issuance of any notes, bonds, debentures or other securities for the purpose of raising the money advanced.

44(4)The Lieutenant-Governor in Council may guarantee the obligations of the Corporation or any subsidiary of the Corporation on terms and conditions that the Lieutenant-Governor in Council considers appropriate and any such guarantee shall be valid despite subsection 3(3).

44(5)The Minister of Finance and Treasury Board may, on behalf of the Crown, enter into agreements with the Corporation for the purposes of this section.

45(1)The Corporation shall pay to the Minister of Finance and Treasury Board such payments for sinking fund purposes as may be required by the terms of any notes, bonds, debentures or other securities issued by the Corporation, and the funds shall be retained and invested for the account of the Corporation and be used by the Corporation to make payment at the maturity of the notes, bonds, debentures or other securities.

45(2)Despite anything else contained in this Act,

46(1)The Corporation shall, in accordance with the regulations, pay annually to the Minister of Finance and Treasury Board fees in respect of

46(2)The fees referred to in subsection (1) apply to sums advanced or applied and to guarantees given before or after the commencement of this section.

47(1)A condition contained in a debt obligation of the Corporation or in an instrument for securing a debt obligation of the Corporation is not invalid by reason only that the debt obligation is thereby made irredeemable or redeemable only on the happening of a contingency, however remote, or on the expiration of a period, however long.

47(2)Debt obligations issued, pledged, hypothecated or deposited by the Corporation are not redeemed by reason only that the indebtedness evidenced by the debt obligations or in respect of which the debt obligations are issued, pledged, hypothecated or deposited is repaid.

47(3)Debt obligations issued by the Corporation and purchased, redeemed or otherwise acquired by it may be cancelled or, subject to any applicable trust indenture or other agreement, may be reissued, pledged or hypothecated to secure any obligation of the Corporation then existing or after that time incurred, and any such acquisition and reissue, pledge or hypothecation is not a cancellation of the debt obligations.

49(1)A resolution in writing signed by all the shareholders of the Corporation entitled to vote on that resolution at a meeting of shareholders is as valid as if it had been passed at a meeting of shareholders duly called, constituted and held.

49(2)If counterparts of a resolution in writing have been signed by all the shareholders entitled to vote on that resolution at a meeting of shareholders, the resolution is as valid as if it had been passed at a meeting of shareholders duly called, constituted and held.

49(3)Every signed resolution or counterpart referred to in this section shall be kept with the minutes of the proceedings of the shareholders’ meetings.

49(4)A shareholder or any other person entitled to attend a meeting of shareholders may participate in the meeting by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other, and a person participating in such a meeting by those means shall be deemed for the purposes of this Act to be present at the meeting.

50(1)If possession of land vested in the Corporation has been taken by another person, the right of the Corporation, or anyone claiming under the Corporation, to recover the land is not barred by reason of lapse of time, despite any other Act, or by reason of any claim based on possession adverse to the Corporation for any period of time that might otherwise be made lawfully at common law, unless it is shown that the Corporation, or a person from whom or through whom the Corporation has obtained possession of, or derives the right of possession of, the land, had actual notice in writing of the adverse possession, and the notice was received by the Corporation or that person 20 years before the Corporation or anyone claiming under the Corporation commenced an action to recover the land.

50(2)No claim under subsection (1) shall be acquired by possession, prescription, custom, use or implied grant to any way, easement, watercourse or use of water or water right or privilege of the Corporation, 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, despite any other Act or any claim at common law based on lapse of time or length of enjoyment or use.

50.1(1)The Lieutenant-Governor in Council may make orders transferring officers, employees, assets, liabilities, rights and obligations of the Corporation to a subsidiary incorporated in accordance with section 2.62.

50.1(2)The Lieutenant-Governor in Council may set the terms and conditions of a transfer order.

50.1(3)A transfer order is binding on the Corporation, the subsidiary that is the transferee and on all other persons.

50.1(4)Subsection (3) applies despite any public Act or any rule of law, including an Act or rule of law that requires notice or registration of transfers.

50.1(5)A transfer order does not require the consent of the Corporation, the subsidiary that is the transferee or any other person.

50.1(6)The Regulations Act does not apply to a transfer order.

50.1(7)For the purposes of Part 6, a transfer order made by the Lieutenant-Governor in Council under this section shall be deemed to be just and reasonable.

50.11(1)The Minister shall, within 90 days after a transfer order is made or amended, publish notice of the date in The Royal Gazette.

50.11(2)Notice of the date that a transfer order was amended shall identify the transfer order that was amended.

50.11(3)Failure to comply with this section does not affect the validity of a transfer order or any amendment to a transfer order.

50.21(1)The office or employment of an officer or employee who is transferred by or under a transfer order is not terminated by the transfer and shall be deemed to have been transferred to the transferee without interruption in service.

50.21(2)An officer or employee who is transferred by or under a transfer order shall be deemed not to have been constructively dismissed.

50.21(3)If an officer or employee is transferred by or under a transfer order, nothing in this Act

50.21(4)A transferee shall recognize

50.21(5)The period of employment with the Corporation of an officer or employee referred to in subsection (1) is 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, at common law or under any employment contract or collective agreement.

50.3(1)The following definitions apply in this section.

50.3(2)If a transfer order provides for the transfer of real property, the Corporation shall file a notice in a land titles office for the District of New Brunswick and in the registry office established under the Registry Act for each county in the Province that indicates that

50.3(3)The notice referred to in subsection (2)

50.3(4)On receipt of the notice referred to in subsection (2),

50.3(5)Section 55 of the Land Titles Act and section 44 of the Registry Act do not apply to the registration of the notice referred to in subsection (2).

50.3(6)No claim shall be made and no action or other proceeding lies or shall be instituted against the Minister, the Crown or the Corporation by reason of any prejudice suffered as a result of any delay in filing a notice under subsection (2).

50.5(1)No action or other proceeding lies or shall be instituted against the Minister, the Crown or the Corporation or any employee or agent of any of them, as a direct or indirect result of a transfer effected under a transfer order under section 50.1.

50.5(2)Nothing in this Act or in a transfer effected under a transfer order creates a cause of action in favour of

50.7(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.

50.7(2)Sections 50.1 to 50.61 apply, with the necessary modifications, to an amendment as if it were a transfer order.

50.9(1)The liability of the Crown as guarantor of a security or other liability of the Corporation under a written guarantee given by the Crown before the effective date of a transfer order is not limited by anything in this Act or by any transfer effected by or under the transfer order.

50.9(2)The liability of the Crown as principal of the Corporation with respect to liabilities and obligations entered into by the Corporation on the Crown’s behalf before the effective date of a transfer order is not limited by anything in this Act or by any transfer effected by or under the transfer order.

51(1)The New Brunswick Power Generation Corporation, incorporated under the Business Corporations Act on February 5, 2004, shall, on the date of the commencement of this section, file articles of amendment under the Business Corporations Act changing its name to the New Brunswick Energy Marketing Corporation.

51(2)Despite any provision of the Business Corporations Act, on submission of the articles of amendment the Director shall accept the articles of amendment, and, on the date of commencement of this section, issue a certificate of amendment under the Business Corporations Act changing the name of the New Brunswick Power Generation Corporation to the New Brunswick Energy Marketing Corporation.

51(3)A certificate of amendment referred to in subsection (2) shall be deemed to be effective immediately on the expiration of the day previous to its issuance and the articles shall be amended accordingly.

51(4)Without derogating from any powers or capacity of the New Brunswick Energy Marketing Corporation under the Business Corporations Act, the New Brunswick Energy Marketing Corporation has a mandate to carry out the business of importing and exporting energy.

53(1)Subject to subsections (2) and (3), on the commencement of this section,

53(2)Paragraph (1)(a) does not apply to any property or any class of property prescribed by order of the Lieutenant-Governor in Council made within 30 days after the commencement of this section.

53(3)Paragraph (1)(b) does not apply to any claims, rights, liabilities, obligations and privileges or class of them prescribed by order of the Lieutenant-Governor in Council made within 30 days after the commencement of this section.

53(4)An order made under subsection (2) or (3) shall be retroactive to the date of the commencement of this section.

53(5)The Regulations Act does not apply to an order made under subsection (2) or (3).

53(6)The Minister shall, within 90 days after an order is made under subsection (2) or (3), publish the order in The Royal Gazette.

53(7)Failure to comply with subsection (6) does not affect the validity of an order made under subsection (2) or (3).

56(1)The following definitions apply in this section.

56(2)Without delay after the commencement of section 53, the Corporation shall file a notice in a land titles office for the District of New Brunswick and in the registry office established under the Registry Act for each county in the Province that indicates

56(3)The notice referred to in subsection (2) shall be deemed to be an instrument for the purposes of the Land Titles Act and the Registry Act.

56(4)The notice referred to in subsection (2) shall be in a form acceptable to the Registrar General and the Chief Registrar of Deeds.

56(5)On receipt of the notice referred to in subsection (2),

56(6) Section 55 of the Land Titles Act and section 44 of the Registry Act do not apply to the registration of the notice referred to in subsection (2).

56(7)No claim shall be made and no action or other proceeding lies or shall be instituted against the Marketing Corporation, the Minister, the Crown or the Corporation by reason of any prejudice suffered as a result of any delay in filing a notice under subsection (2).

57(1)On the commencement of this section, an employee of the Marketing Corporation is transferred to and becomes an employee of the Corporation.

57(2)An employee referred to in subsection (1) shall be deemed to have been transferred to the Corporation without interruption in service, and the rights, duties and obligations of the employer and employee continue accordingly, with any modifications that are necessary.

57(3)An employee who is transferred under subsection (1) shall be deemed not to have been dismissed, constructively dismissed or laid-off.

57(4)If an employee is transferred under subsection (1), nothing in this Act

57(5)Service of an employee referred to in subsection (1) with the Marketing Corporation under its former name of New Brunswick Power Generation Corporation or with any of its predecessors is deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act, at common law or under any applicable contract of employment or collective agreement.

58(1)On the commencement of this section, Local 37 of the International Brotherhood of Electrical Workers shall be deemed to have been certified by the Labour and Employment Board, pursuant to the Public Service Labour Relations Act, as the bargaining agent of each of the bargaining units of the employees transferred under subsection 57(1) who are included in a bargaining unit, and that bargaining agent has the same rights, duties and obligations that existed before the transfer.

58(2)Subsection (1) ceases to have effect on the date of the issuance of the certification order or orders under paragraph 60(2)(c) by the Labour and Employment Board.

59(1)Any collective agreement that is applicable to the New Brunswick Power Generation Corporation and any of its employees and to Local 37 of the International Brotherhood of Electrical Workers immediately before the commencement of this section shall be deemed to apply as if entered into directly between the Corporation and Local 37 of the International Brotherhood of Electrical Workers, and the rights, duties and obligations of the employer, the bargaining agent and the employees continue accordingly, with any modifications that are necessary.

59(2)Subsection (1) ceases to have effect on the date of the making of a declaration by the Labour and Employment Board under paragraph 60(2)(d).

60(1)Within 30 days after the commencement of this section, Local 37 of the International Brotherhood of Electrical Workers and the Corporation, or either of them, shall give written notice to the Labour and Employment Board of the date of the transfer of the employees referred to in subsection 57(1).

60(2)Despite that Local 37 of the International Brotherhood of Electrical Workers has been deemed under subsection 58(1) to be certified as the bargaining agent for the bargaining units of the transferred employees referred to in subsection 57(1) who are included in a bargaining unit, the Labour and Employment Board shall

60(3)A hearing referred to in paragraph (2)(a) and a hearing referred to in paragraph 10(2)(a) may be held at the same time or separately, as determined by the Labour and Employment Board.

60(4)The Labour and Employment Board possesses all the powers and jurisdiction necessary to give effect to this section.

62(1)No action or other proceeding lies or shall be instituted against the Minister, the Crown, the Corporation or the Marketing Corporation, or any employee or agent of any of them, as a direct or indirect result of the transfer and vesting effected under subsection 53(1) or any regulations, orders-in-council, directives, orders or decisions made under the authority of this Act in relation to the transfer and vesting effected under subsection 53(1).

62(2)Nothing in this Act creates a cause of action in favour of

63(1)The liability of the Crown as guarantor of a security or other liability of the Marketing Corporation or any of its predecessors pursuant to a written guarantee given by the Crown before the commencement of this section is not affected by anything in this Act.

63(2)The liability of the Crown as principal of the Marketing Corporation or any of its predecessors with respect to liabilities and obligations entered into by it or any of its predecessors on behalf of the Crown before the commencement of this section is not affected by anything in this Act.

65(1)The following definitions apply in this section.

65(2)The board of directors of the Marketing Corporation shall be composed of the President and Chief Executive Officer, who shall serve as its chair, and not more than two other directors, at least one of whom shall be an independent director.

65(3) For the purposes of this section, the following individuals shall be considered to have a material relationship with the Marketing Corporation or the Corporation:

65(4)For the purposes of paragraph (3)(c), a compensatory fee does not include the receipt of fixed amounts of compensation under a retirement plan, including deferred compensation, for prior service with the Corporation or any subsidiary of the Corporation if the compensation is not contingent in any way on continued service.

66(1)The Marketing Corporation is subject to the financial risk management policies established by the Corporation and approved by the Board.

66(2)A transaction entered into by the Marketing Corporation that is in compliance with the financial risk management policies approved by the Board shall be deemed to be prudent and reasonable.

69(1)The Executive Council may at any time issue directives in writing to the Corporation that must be taken into consideration by the board of directors of the Corporation.

69(2)For the purposes of subsection (1), the most recent mandate letter provided to the Corporation by the Minister under section 3 of the Accountability and Continuous Improvement Act is deemed to be a directive in writing issued by the Executive Council.

70(1)The Lieutenant-Governor in Council may by regulation establish policies to be observed by the Board in the exercise of any jurisdiction or authority conferred on it under this Act or the regulations.

70(2)Subsection (1) shall be deemed not to authorize any regulation directed specifically to any matter or application before the Board.

72(1)Subject to this section and to section 72.1, no person, other than the Corporation, shall sell or supply electricity to a consumer or municipal distribution utility within the Province.

72(2)A municipal distribution utility may sell electricity to a consumer within the territorial limits in which that municipal distribution utility is entitled to extend its distribution of electricity under section 88.

72(3)A municipal distribution utility that, on April 1, 2013, was a purchaser under a contract to purchase electricity from a person other than the Corporation may continue to purchase electricity from that person under the contract and subsequent contracts for so long as that contractual relationship continues uninterrupted.

72(4)Subsection (3) applies, with any necessary modifications, with regard to any successor or assign of the person from whom the municipal distribution utility was a purchaser of electricity on April 1, 2013.

72(5)For the purposes of subsection (3), an instant of time between the end of the term of a contract and the beginning of the term of a subsequent contract does not constitute an interruption in the contractual relationship.

72(6)Nothing in this section prevents a municipal distribution utility from purchasing electricity if

74(1)To the extent that they are not in conflict with the provisions of the approved transmission tariff, the Corporation may establish electricity business rules

74(2)Without limiting the generality of subsection (1), the electricity business rules may include provisions

74(3)An electricity business rule may be general or particular in its application.

74(4)The Regulations Act does not apply to the electricity business rules or to any directions given or orders or decisions made under those rules.

74(5)The Corporation shall publish the electricity business rules in accordance with those rules and shall make the electricity business rules available for public inspection during normal business hours at the head office of the Corporation.

75(1)A person may apply to the Corporation for a waiver from the application of any provision of the electricity business rules.

75(2)The Corporation shall publish notice of the application and deal with the application in accordance with the electricity business rules.

75(3)The Corporation may grant a waiver applied for in whole or in part and may impose any terms and conditions on the waiver that the Corporation considers appropriate in the circumstances.

76(1)The Corporation shall, in accordance with the electricity business rules, publish any amendment to them at least 30 days before the amendment comes into force.

76(2)On application by any person, the Board shall review any amendment to the electricity business rules.

76(3)An application under this section shall be filed within 30 days after the amendment is published under subsection (1).

76(4)The Board may, on its own motion, review any amendment to the electricity business rules.

76(5)An application under this section or a review initiated by the Board 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.

76(6)In determining whether to stay the operation of an amendment, the Board shall consider

76(7)If, on completion of its review, the Board finds that the amendment is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons, the Board shall make an order

77(1)Section 76 does not apply if the Corporation files a statement with the Board indicating that, in its opinion, an amendment to the electricity business rules is urgently required for one or more of the following reasons:

77(2)The Corporation shall publish the amendment in accordance with the electricity business rules at the same time as, or as soon as reasonably possible after, the statement referred to in subsection (1) is filed.

77(3)On application by any person, the Board shall review the amendment.

77(4)An application under this section shall be filed within 30 days after the amendment is published under subsection (2).

77(5)The Board may, on its own motion, review the amendment.

77(6)An application under this section or a review initiated by the Board under this section does not stay the operation of the amendment pending the completion of the review unless the Board orders otherwise.

77(7)If, on completion of its review, the Board finds that the amendment is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons, the Board

78(1)On application by any person or on its own motion, the Board may review any provision of the electricity business rules.

78(2)Subsection (1) does not apply to a provision of the electricity business rules that was reviewed by the Board under section 76 or 77 within 24 months before the application.

78(3)An application shall not be made under this section by a user of the integrated electricity system unless that user has followed the procedures under the electricity business rules relating to the review of those rules.

78(4)An application under this section or a review initiated by the Board under this section does not stay the operation of the provision pending the completion of the review.

78(5)If, on completion of its review, the Board finds that the provision is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons, the Board shall make an order directing the Corporation to amend the electricity business rules in a manner and within the time period specified by the Board.

78(6)The Corporation shall, in accordance with the electricity business rules, publish any amendment made pursuant to an order under subsection (5).

78(7)Sections 76 and 77 do not apply to an amendment made pursuant to an order under subsection (5).

79(1)A person who is subject to an order or decision made by the Corporation under the electricity business rules may appeal the order or decision to the Board if the order or decision is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons.

79(2)A person who is adversely affected by the granting of a waiver by the Corporation under section 75, who objects to any term or condition of the waiver or who, having applied for a waiver, is refused the waiver, whether in whole or in part, may appeal the decision of the Corporation to the Board if the granting of the waiver, the term or condition of the waiver or the refusal to grant the waiver is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons.

79(3)An appeal shall not be commenced under subsection (1) or (2) unless the person appealing has followed the dispute resolution procedures under the electricity business rules or the approved transmission tariff, as the case may be.

79(4)An appeal shall be filed within 21 days after the date of the making of the order or decision.

79(5)An appeal does not stay the operation of an order or decision pending the determination of the appeal unless the Board orders otherwise.

79(6)In determining whether to stay the operation of an order or decision, the Board shall consider

79(7)After considering the appeal, the Board may

82(1)No person, other than the Corporation, shall construct any new facilities used to provide transmission service in the Province.

82(2)Nothing in this section shall be interpreted to prevent any transmitter from repairing, replacing or upgrading any of its existing transmission facilities.

82(3)No action or other proceeding lies or shall be instituted against the Crown, the Minister or the Corporation based on any cause of action arising out of the application of this section.

88(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, chapter M-22 of the Revised Statutes, 1973, as that subsection existed on the commencement of this section.

88(2)The city of Edmundston shall not extend its distribution of electricity to any area beyond

88(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, chapter M-22 of the Revised Statutes, 1973, as that subsection existed on the commencement of this section.

90(1)If the supply of electricity to a distribution electric utility is interrupted or reduced as a result of an emergency, supply shortage or a breakdown or repair of a transmission or distribution system, the distribution electric utility may allocate the available electricity among its customers.