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.

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

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

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.

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

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.

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.

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.

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.

10(1)The Corporation shall, within 4 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 4 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.

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

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.

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

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)

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.

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

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

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

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.

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

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.

21(1)A transfer order may provide

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

24(1)A transfer by or pursuant to a transfer order

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

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.

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 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 any other Act or any claim at common law based on lapse of time, or length of enjoyment or use.

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.

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,

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.

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 in lieu of such tax, calculated in accordance with the regulations.

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 tax under that Act, it shall pay to the Finance Corporation in respect of each taxation year an amount in lieu of such tax, calculated in accordance with the regulations.

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.

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.

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).

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.

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)

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

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.

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

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

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.

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).

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.

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.

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).

58(1)The SO may make rules

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

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,

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).

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.

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

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

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:

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

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).

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

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

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

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.

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 described in subsection 32(2) of the Edmundston Act, 1998.

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.

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.

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.

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.

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),

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.

79.1(1)The Board may, on its own initiative, hold a hearing for the purposes of inquiring into and determining the methodology and any relevant factors for consideration in the calculation of the fee to leave standard service.

79.1(2)The costs and expenses incurred by the Board under subsection (1) shall be paid by the standard service supplier.

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.

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.

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 and Infrastructure, 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.

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

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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.

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

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

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),

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).

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, including the revenue requirements referred to in section 143.1.

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

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

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

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.

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),

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

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.

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 with the Clerk of the Executive Council, a person aggrieved by an order or decision of the Board may make an application to The Court of Appeal of New Brunswick for judicial review of the order or decision, except that any application for judicial review shall be made within 60 days after the filing of the order of decision with the Clerk of the Executive Council.

106(2)An application for judicial review does not stay the operation of the order or decision of the Board, unless a judge of The Court of Appeal of New Brunswick orders otherwise, but the Board itself may suspend the operation of the order or decision until the Court has rendered its decision.

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.

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 for approval of a tariff pertaining to transmission services, 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

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),

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

115(1)A person aggrieved by an order or decision of the Board under section 111 or 114 may make an application for judicial review of the order or decision to The Court of Appeal of New Brunswick within 30 days after the later of the making of the order or decision.

115(2)An application for judicial review does not stay the operation of the order or decision of the Board, unless a judge of The Court of Appeal of New Brunswick orders otherwise, but the Board itself may suspend the operation of the order or decision until the Court has rendered its decision.

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.

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.

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.

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.

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

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

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

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.

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

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

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,

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.

142(1)This section applies to

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

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.

143.1(1)The following definitions apply in this section.

143.1(2)The Nuclear Corporation shall establish and maintain the accounts, books and records that are necessary to record the costs and expenses incurred by the Nuclear Corporation during the out of service period, other than those costs and expenses recorded as capital costs of the project.

143.1(3)Any revenue earned by the Nuclear Corporation during the out of service period, excluding any revenues related to ancillary services and revenues associated with electricity generation, shall be used to offset the costs and expenses referred to in subsection (2).

143.1(4)The Generation Corporation shall establish and maintain the accounts, books and records that are necessary to record the costs and expenses, as determined in accordance with the regulations, that are related to the supply of electricity by it to the Distribution Corporation that, but for the project, would in the normal course have been supplied to the Distribution Corporation by the Nuclear Corporation from electricity generated at the Point Lepreau nuclear generating station during the out of service period.

143.1(5)The Nuclear Corporation and the Generation Corporation shall provide the Distribution Corporation, each month during the out of service period, with invoices relating to the costs, expenses and revenues referred to in subsections (2), (3) and (4).

143.1(6)The Distribution Corporation has a right of access at all times to the accounts, books and records referred to in subsections (2), (3) and (4) and is entitled to require from the directors, officers and employees of the Nuclear Corporation and the Generation Corporation such information and explanations as the Distribution Corporation considers necessary in relation to those accounts, books and records.

143.1(7)The Distribution Corporation shall establish and maintain a deferral account that records

143.1(8)For the purposes of this Act, the project shall be deemed to be prudent and the costs and expenses recorded in the deferral account established under subsection (7) shall be deemed to be prudent and necessary to carry out the project.

143.1(9)The Board shall ensure that the balance in the deferral account, plus any financing costs incurred by the Distribution Corporation in relation to the balance in the deferral account,

143.1(10)The amounts recorded in the deferral account established under subsection (7) and the financing costs referred to in subsection (9) shall be deemed to be part of the revenue requirements of the Distribution Corporation and shall be deemed to be necessary for the services provided by the Distribution Corporation.

143.1(11)For the purposes of an application to the Board for approval of a change in charges, rates or tolls for its services, the Distribution Corporation shall present its revenue requirements to the Board in such a manner that the costs and expenses associated with the project are shown separately from the other revenue requirements of the Distribution Corporation.

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.

146(1)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.

146(2)A person who violates or fails to comply with an order of the Board commits an offence that is punishable as a category F offence under Part II of the Provincial Offences Procedure Act

147(1)A person who

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.

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

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

149(2.1)A regulation made under paragraph (1)(d.1) may provide that it has retroactive application to a date not earlier than October 1, 2004.

149(2.2)A regulation made under paragraph (1)(k) or (k.1) may provide that it has retroactive application to a date not earlier than January 1, 2012.

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

149(4)A regulation made under paragraph (1)(l.1) or (l.2) may provide that it has retroactive application to a date not earlier than March 28, 2008.

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”.

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 Canada Generation, 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 Canada Generation, 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(1)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.

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.