Acts and Regulations

E-9.18 - Energy and Utilities Board Act

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Full text
Current to 1 January 2024
CHAPTER E-9.18
Energy and Utilities Board Act
Assented to June 22, 2006
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1
INTERPRETATION
Definitions
1The following definitions apply in this Act.
“Board” means the New Brunswick Energy and Utilities Board continued under section 3.(Commission)
“Chairperson” means the Chairperson of the Board.(président)
“financial and consumer services legislation” means financial and consumer services legislation as defined in the Financial and Consumer Services Commission Act.(législation en matière de services financiers et de services aux consommateurs)
“member” means a member of the Board.(membre)
“Minister” means the Minister of Natural Resources and Energy Development.(ministre)
“nominating committee” means a committee composed of the Deputy Minister of Natural Resources and Energy Development, the Deputy Minister of Justice and Public Safety and the Deputy Minister of Finance and Treasury Board, or any person designated by any of those Deputy Ministers to act as their representative, and the Chairperson and Vice-Chairperson.(comité de candidatures)
“Public Intervener” means the Public Intervener for the Energy Sector appointed under An Act Respecting a Public Intervener for the Energy Sector.(intervenant public)
“Vice-Chairperson” means the Vice-Chairperson of the Board. (vice-président)
2007, c.34, s.1; 2012, c.52, s.20; 2013, c.28, s.17; 2013, c.29, s.1; 2016, c.37, s.61; 2019, c.2, s.49; 2019, c.29, s.175; 2020, c.25, s.48; 2023, c.6, s.3
Interpretation
2013, c.7, s.158
1.1For greater certainty, in this Act, a reference to an Act includes a reference to the regulations under that Act unless the context otherwise requires.
2013, c.7, s.158
Inconsistency with other Acts
2Except as provided in section 72, where any provision of this Act is inconsistent with any provision of another Act, that other provision prevails to the extent of the inconsistency.
2007, c.34, s.2
2
ENERGY AND UTILITIES BOARD
Division A
Board composition and governance
Continuation of Board
3The board known as the Board of Commissioners of Public Utilities established under section 2 of the Public Utilities Act, chapter P-27 of the Revised Statutes, 1973, is continued as the New Brunswick Energy and Utilities Board.
2007, c.34, s.3
Composition of Board and appointment
2013, c.29, s.2
4(1)The Board shall consist of the following members appointed by the Lieutenant-Governor in Council:
(a) at least three members, but no more than six members, who shall perform their duties on a full-time basis; and
(b) no more than two members who shall perform their duties on a part-time basis.
4(2)The Lieutenant-Governor in Council shall appoint a Chairperson and a Vice-Chairperson from the members appointed under paragraph (1)(a).
4(3)A member shall be appointed from among those candidates nominated by the nominating committee in accordance with subsection (4).
4(4)In making nominations, the nominating committee shall
(a) engage a recruiting firm to identify potential candidates,
(b) use a merit-based and objective approach,
(c) ensure that the Board as a whole has the necessary skills and qualifications to carry out its functions,
(d) provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes, and
(e) comply with any regulations made under paragraph 83(b.1).
4(5)At the time nominations are made under this section, the nominating committee shall advise the Lieutenant-Governor in Council of the following:
(a) the skills and qualifications required of the Board as a whole to carry out its functions;
(b) the skills and qualifications required of the candidates for the positions on the Board; and
(c) its comments and recommendations pertaining to the candidates.
4(6)Despite subsections (1) to (5), the Chairperson and the Vice-Chairperson of the Board as it existed immediately before the commencement of this section shall be deemed to have been appointed as members of the Board and as the Chairperson and the Vice-Chairperson of the Board under this section.
4(7)Subsections (3) to (5) do not apply to the reappointment of a member.
4(8)Subject to subsection (9), the nominating committee may make a recommendation to the Lieutenant-Governor in Council concerning the reappointment of a member but the Lieutenant-Governor in Council is not bound by the recommendation.
4(9)The Chairperson or the Vice-Chairperson shall not participate in making a recommendation in respect of his or her own position as a member.
4(10)The nominating committee shall make a recommendation under subsection (8) within a reasonable period of time before the expiry of the member’s term of office.
4(11)When a member is not reappointed on time, his or her subsequent reappointment shall be deemed to have taken effect immediately after the expiration of his or her term of office.
4(12)Subsections (3) to (5) apply with the necessary modifications to the making of nominations to fill a vacancy on the Board.
4(13)The nominating committee shall provide the Lieutenant-Governor in Council with the nominations for a vacancy at least three months before the occurrence of the vacancy but, if not possible, as soon as practicable.
2013, c.29, s.3; 2023, c.6, s.3
Term of office of members
2013, c.29, s.4
5(1)The term of office of members of the Board appointed on a full-time basis is 10 years, and for those appointed on a part-time basis the term of office is a maximum of five years.
5(2)For the purposes of subsection (1), the commencement date of the term of office as a member of the Chairperson or the Vice-Chairperson referred to in subsection 4(6) is the date he or she was appointed as the Chairperson or the Vice-Chairperson under section 4 of this Act as it existed immediately before the commencement of this section.
5(3)Each member may be reappointed as a member for no more than three terms, each of which is a maximum of five years.
5(4)Subject to section 5.3, a member shall hold office until the earliest of the following events:
(a) the member’s resignation;
(b) the incapacity of the member;
(c) the expiry of the member’s term of office; and
(d) the member’s retirement.
2013, c.29, s.5; 2023, c.6, s.3
Term of office of Chairperson
2013, c.29, s.6
5.1(1)The Chairperson shall be appointed for a term of ten years.
5.1(2)For the purposes of subsection (1), the commencement date of the term of office of the Chairperson referred to in subsection 4(6) is the date he or she was appointed as the Chairperson under section 4 of this Act as it existed immediately before the commencement of this section.
5.1(3)The Chairperson may be reappointed as the Chairperson for no more than three terms of office, each of which is a maximum of five years.
5.1(4)Subject to section 5.3, the Chairperson shall hold office until the earliest of the following events:
(a) the expiry of the Chairperson’s term of office;
(b) the expiry of the Chairperson’s term of office as a member;
(c) the Chairperson’s resignation as a member or as the Chairperson;
(d) the incapacity of the Chairperson; and
(e) the Chairperson’s retirement.
2013, c.29, s.6; 2023, c.6, s.3
Term of office of Vice-Chairperson
2013, c.29, s.6
5.2(1)The Vice-Chairperson shall be appointed for a term of ten years.
5.2(2)For the purposes of subsection (1), the commencement date of the term of office of the Vice-Chairperson referred to in subsection 4(6) is the date he or she was appointed as the Vice-Chairperson under section 4 of this Act as it existed immediately before the commencement of this section.
5.2(3)The Vice-Chairperson may be reappointed as the Vice-Chairperson for no more than three terms of office, each of which is a maximum of five years.
5.2(4)Subject to section 5.3, the Vice-Chairperson shall hold office until the earliest of the following events:
(a) the expiry of the Vice-Chairperson’s term of office;
(b) the expiry of the Vice-Chairperson’s term of office as a member;
(c) the Vice-Chairperson’s resignation as a member or as the Vice-Chairperson;
(d) the incapacity of the Vice-Chairperson; and
(e) the Vice-Chairperson’s retirement.
2013, c.29, s.6; 2023, c.6, s.3
Good behaviour and removal for cause
2013, c.29, s.6
5.3Each member shall hold office during good behaviour during the term for which he or she is appointed and may be removed for cause by the Lieutenant-Governor in Council.
2013, c.29, s.6
Expiry of term
6At the request of the Chairperson, if a member resigns or the member’s term of office expires, the member may carry out and complete the duties or responsibilities and exercise any powers that the member would have had, if the member had not ceased to be a member, in connection with any matter in respect of which there was any proceeding in which the member participated as a member of the Board.
Remuneration, benefits and expenses
7The Lieutenant-Governor in Council may determine the remuneration and benefits of the Chairperson, Vice-Chairperson and other members of the Board and may fix the rate for reimbursement of expenses incurred by them while acting of behalf of the Board.
Oath of office
8(1)The Chairperson, Vice-Chairperson and the other members of the Board, before commencing their duties, shall take the following oath or affirmation before a person authorized to administer it:
I ________________________ do solemnly swear (or affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, fulfil and perform the duties that devolve upon me under the Energy and Utilities Board Act (or any other Act of the Legislature) by reason of my duties as _________________. (In the case where an oath is taken add “So help me God”.)
8(2)An oath or affirmation in the form prescribed under subsection (1) shall be in writing and filed with the Minister.
Vacancy on Board
9Subject to section 25, a vacancy on the Board does not impair its ability to act.
2013, c.29, s.7
Powers and duties of Chairperson
10The Chairperson is the chief executive officer of the Board and has the general supervision and direction over the conduct of the affairs of the Board.
Powers and duties of Vice-Chairperson
11(1)In the case of the absence of the Chairperson or the Chairperson’s inability to act, or if the position of the Chairperson is vacant, the Vice-Chairperson shall perform the duties and exercise the powers of the Chairperson.
11(2)The Vice-Chairperson shall perform such duties as may be assigned by the Chairperson.
Absence of or inability to act as Chairperson and Vice-Chairperson or when the offices of the Chairperson and Vice-Chairperson are vacant
2023, c.6, s.3
11.1In the absence of the Chairperson and Vice-Chairperson or the inability of the Chairperson and Vice-Chairperson to act, or if the offices of the Chairperson and Vice-Chairperson are vacant, the members shall appoint from among the members an acting chairperson for the period of the absence, inability to act or vacancy.
2023, c.6, s.3
Capacity of Board to contract and sue
12(1)The Board may enter into leases, licences, contracts and agreements for provision to the Board of services, accommodations and other matters necessary for the functioning of the Board.
12(2)The Board may sue and be sued solely with respect to the enforcement of the leases, licences, contracts and agreements referred to in subsection (1).
Appointment of employees
13(1)The Chairperson may appoint or engage the employees of the Board as the Chairperson considers necessary.
13(2)The remuneration and other conditions of employment of the employees of the Board shall be established by the Chairperson.
13(3)The Chairperson shall ensure that employees are appointed to their positions on the basis of merit.
2023, c.6, s.3
Pensions and other benefits
2007, c.34, s.4
14(1)The pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions applies to the members and employees of the Board.
14(2)Despite sections 5 and 6 of the Financial Administration Act, and subject to the approval of the Minister of Human Resources, the members and employees of the Board may participate in employee benefit programs established by the Treasury Board.
2007, c.34, s.5; 2013, c.29, s.7.1; 2013, c.44, s.17; 2016, c.37, s.61
Testimony of members and employees
15No member or employee, or former member or employee, of the Board shall be required to give testimony in any civil action to which the Board is not a party concerning information obtained in carrying out that person’s official duties to the Board.
Immunity of members and employees
16No action lies for damages or otherwise against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, while acting under the authority of this or any other Act or regulation by the person:
(a) the Board;
(b) the Chairperson or a former Chairperson;
(c) any other member or former member of the Board;
(d) any employee or former employee of the Board;
(e) any person appointed under this Act; and
(f) any person acting under or who has acted under the authority of this Act or the instructions of a person referred to in paragraph (a), (b), (c) or (d).
Indemnity for members and employees
17Every member and employee, or former member or employee, and his or her heirs or legal representatives, shall be indemnified against all costs, charges and expenses incurred by him or her in relation to any action or other proceeding brought or prosecuted against him or her in connection with the duties of the person as a member or employee of the Board and with respect to all other costs, charges and expenses that he or she incurs in connection with those duties, except costs, charges and expenses that are occasioned by that person’s own wilful neglect or wilful default.
Official seal
18(1)The Board shall have an official seal, which shall be judicially noticed.
18(2)The failure to affix a seal to a decision, order, regulation or ruling of the Board does not affect the validity of the decision, order, regulation or ruling.
Office of Board
19The head office of the Board shall be in The City of Saint John, but the Board may sit at such other places as it considers expedient from time to time.
2023, c.6, s.3
Fiscal year
20The fiscal year of the Board commences on April 1 in one year and ends on March 31 in the following year.
Audit
21(1)The Board shall appoint an auditor to audit the accounts and financial transactions of the Board for each fiscal year.
21(2)The Board shall provide the Minister with a copy of the auditor’s report within 2 weeks after receiving the report from the auditor.
Annual report
22(1)The Board shall make a report annually to the Minister with respect to its activities under this and any other Act, and shall include such information as may be required by the Minister.
22(2)The Minister shall lay the report before the Legislative Assembly if then sitting, or if not sitting, when it next sits.
Division B
Duties, authorities and powers of the Board
Duties and functions of Board
23(1)The Board shall perform the duties and functions required or authorized to be performed by the Board, and may exercise such powers as may be conferred upon it under this or any other Act of the Legislative Assembly, including
(a) the Electricity Act,
(a.1) the Acts referred to in the definition “financial and consumer services legislation” in section 1,
(b) the Gas Distribution Act, 1999,
(b.1) the Petroleum Products Pricing Act,
(c) the Pipeline Act, 2005,
(c.1) the Mining Act, and
(d) the Motor Carrier Act.
23(2)The Board shall perform such other duties and functions as may be required by the Lieutenant-Governor in Council to be performed by the Board, and may exercise such other powers as may be conferred on the Board by the Lieutenant-Governor in Council.
2007, c.34, s.6; 2023, c.6, s.3
Minister may order investigation by Board
24(1)The Minister may direct the Board to make an investigation and report to the Minister upon any matter over which the Board has jurisdiction.
24(2)The Minister may make an order in respect of the costs of the investigation as the Minister considers reasonable.
Quorum of the Board
25Three members constitute a quorum of the Board.
Panels of the Board
26(1)The Chairperson may, in his or her discretion, direct that a particular matter required or authorized to be heard, determined or otherwise dealt with by the Board, or any other act or thing required or authorized to be done by the Board, be heard, determined or otherwise dealt with or done by a panel of the Board.
26(1.1)A panel of the Board shall consist of at least three members.
26(1.2)The Chairperson or any member of the panel designated by the Chairperson shall act as the chairperson of the panel.
26(2)Repealed: 2013, c.29, s.8
26(3)Any decision, determination, direction, order or ruling of, or any act or thing done by, a panel of the Board shall be a decision, determination, direction, order or ruling of, or an act or thing done by, the Board.
26(4)In exercising his or her discretion under subsection (1), the Chairperson shall consider
(a) the nature of the duties and functions required or authorized to be performed by the Board,
(b) the circumstances of the particular matter to be determined or otherwise dealt with, or thing or act to be done by the Board,
(c) the need to act expeditiously and in a cost effective manner, and
(d) such other factors as the Chairperson considers relevant.
2013, c.29, s.8
Incapacity of member affecting quorum
27Where a hearing is being conducted by 3 members and one member becomes incapacitated, retires, resigns or dies during the hearing or after the conclusion of the hearing but before a decision is given,
(a) the Chairperson may appoint and authorize another member to replace the incapacitated, retired, resigned or deceased member for the rest of the hearing and participate in the decision, if the incapacity, retirement, resignation or death occurs during the hearing, or
(b) if the incapacity occurs after the conclusion of the hearing but before the decision is given, the remaining members may, if unanimous, give a decision as if the incapacitated, retired, resigned or deceased member were present and participating in the decision.
2007, c.34, s.7; 2023, c.6, s.3
Matters that may be dealt with by one member of the Board
2013, c.29, s.9
27.1(1)Despite section 25 and subsection 26(1.1), the Chairperson may, in his or her discretion, direct that any of the following matters required or authorized to be heard, determined or otherwise dealt with by the Board, be heard, determined or otherwise dealt with by one member of the Board:
(a) the grant of a licence under the Motor Carrier Act to operate or cause to be operated a public motor bus within the Province if the public motor bus is being used to carry passengers and their baggage on a chartered trip within the Province and if no objection has been filed with the Board and served on the applicant in accordance with subsection 4(3) of that Act;
(b) the grant of a licence under the Pipeline Act, 2005;
(c) the amendment, suspension, cancellation or transfer of a licence or permit under the Pipeline Act, 2005;
(d) the consent for a licensee or permittee to enter into an amalgamation agreement or to amalgamate with another corporation under section 17 of the Pipeline Act, 2005;
(e) the approval of the discontinuance, suspension or resumption of the normal operation of a pipeline under the Pipeline Act, 2005;
(f) the grant of a permit to extend, relocate, divert or otherwise change an existing pipeline under section 24 of the Pipeline Act, 2005;
(g) the issue or renewal of a certificate under the Gas Distribution Act, 1999, or the refusal to issue or renew a certificate under that Act;
(g.1) the grant of a licence or an approval under the Gas Distribution Act, 1999;
(g.2) the amendment or cancellation of a licence under the Gas Distribution Act, 1999 or the amendment, cancellation, transfer or assignment of an approval under that Act;
(h) the determination as to whether an applicant for a licence, permit, approval or certificate that is authorized to be granted, issued or renewed by the Board has complied with any terms or conditions of an order or decision of the Board with respect to that licence, permit, approval or certificate;
(h.1) any agreement or written undertaking entered into to dispose of an administrative proceeding under financial and consumer services legislation;
(h.2) any matter under the Mining Act required or authorized to be heard or otherwise dealt with by the Board;
(i) interim scheduling of the Board’s proceedings;
(j) procedural or evidentiary matters pertaining to the Board’s proceedings; or
(k) any other matter prescribed by regulation.
27.1(2)A decision, determination, direction, approval, consent, order or ruling of the member of the Board under subsection (1) shall be a decision, determination, direction, approval, consent, order or ruling of the Board.
2013, c.29, s.9; 2016, c.41, s.25; 2023, c.6, s.3
Powers of Board and members
28(1)The Board has all the powers, rights and privileges as are vested in The Court of King’s Bench of New Brunswick in relation to the attendance, swearing and examination of witnesses, the production and inspection of records or documents, the enforcement of its orders, the entry on and inspection of property and other matters necessary or proper for the due exercise of its jurisdiction.
28(2)The Chairperson, Vice-Chairperson or any person designated by the Chairperson may administer oaths or affirmations, certify as to the official acts of the Board and issue summons to witness to compel the attendance of witnesses and the production of records and documents.
28(3)On application to The Court of King’s Bench of New Brunswick by the Board or by any person acting under subsection (2), the failure or refusal of a person to attend, to take an oath, to participate in a hearing, to answer questions or to produce records or documents or any other thing in the custody, possession or control of the person, to permit entry upon and inspection of property under the possession or control of the person or to obey an order of the Board, as the case may be, makes the person liable to be committed for contempt as if in breach of an order or judgment of The Court of King’s Bench of New Brunswick.
2023, c.17, s.73
Exercise of powers under other Acts
29The Board, Chairperson and Vice-Chairperson may exercise any of the authority or powers conferred upon them under this Part under any other Act where the Board been given jurisdiction insofar as those authorities and powers are not inconsistent with those conferred under that other Act.
2023, c.6, s.3
Engagement of experts
30(1)The Chairperson may engage the services of such professional, technical or other experts or other persons to advise it in any matter upon such terms and conditions as the Board considers appropriate.
30(2)The Board may order by whom the fees and expenses of the persons so engaged shall be paid.
Joint hearings
31(1)Subject to the prior approval of and any terms or conditions specified by the Minister, the Board or any member appointed by the Chairperson may participate in joint hearings with authorities constituted under the laws of other jurisdictions if the subject matter of the hearing is one over which the Board has jurisdiction or if the hearing is held under the authority of another Act of the Province.
31(2)Where the Chairperson so directs, any hearing required to be held under this Act or any other Act may be conducted as a joint hearing referred to in subsection (1).
31(3)Subject to any terms or conditions specified by the Minister, where a hearing required to be held under this Act or any other Act is conducted as a joint hearing, the member or members of the Board participating in the joint hearing shall, notwithstanding any other provision of this Act, be deemed to be the Board and to have all the authority, powers and immunities of the Board with respect to all things related to the application or matter being considered at the hearing.
Board may act on own motion
32The Board may of its own motion inquire into, hear and determine any matter or thing that under this Act or any other Act it may inquire into, hear and determine.
Taking of evidence in investigation or proceeding
33The Board may, in an investigation or proceeding under this or any other Act, cause the evidence of witnesses residing within or outside the Province to be taken in the manner prescribed by law for like matters in The Court of King’s Bench of New Brunswick.
2023, c.17, s.73
Confidentiality
34Where information obtained by the Board concerning the costs of a person in relation to the operations of the person that are regulated under this or any other Act, or other information that is by its nature confidential, is obtained from such person in the course of performing the Board’s duties under this or any other Act, or is made the subject of an inquiry by any party to any proceeding held under the provision of this or any other Act, such information shall not be published or revealed in such a manner as to be available for the use of any person unless in the opinion of the Board such publication or revelation is necessary in the public interest.
Admissibility of evidence
35The Board may receive in evidence any statement, document, record, information or thing that, in the opinion of the Board, is relevant to the matter before it, whether or not the statement, document, record, information or thing is given or produced under oath or would be admissible as evidence in a court of law.
Questions of law and fact
36(1)The Board has full jurisdiction to hear and determine all matters, whether of law or fact.
36(2)In determining a question of fact, the Board is not bound by the finding or judgment of a court in a proceeding involved in the determination of fact, but such finding or judgment is, in proceedings before the Board, prima facie evidence only.
36(3)The Board has jurisdiction to hear and determine a question of fact notwithstanding that a proceeding involving the same question of fact is pending in a court.
Effect of finding of facts
37The finding or determination of the Board upon a question of fact within its jurisdiction is binding and conclusive.
Procedure
38The Board may inquire into, hear or determine any application, matter or thing that under this or any other Act it may inquire into, hear or determine and in doing so, the Board
(a) is the master of its own procedure and may give directions about process and procedure that it considers appropriate in the circumstances,
(b) may request from anyone, and require anyone to gather, evidence or require anyone to prepare studies relevant and incidental to the matter over which it is exercising its jurisdiction, and
(c) shall ensure procedural fairness to all affected persons.
Orders respecting application
39Upon any application to it, the Board may make an order granting the whole or part only of the application, make a conditional order or grant further or other relief besides or instead of that applied for, as fully and in all respects as if the application had been for such partial, further or other relief.
Interim orders
40(1)The Board may, with respect to any matter before it or on application, make an interim order where it considers it advisable to do so, and may impose such terms and conditions as it considers appropriate.
40(2)The Board may provide directions in the event that the interim order is different from the final order.
40(3)Repealed: 2013, c.7, s.158
2007, c.34, s.8; 2013, c.7, s.158; 2023, c.6, s.3
Ex parte orders
41The Board may make an interim ex parte order, but it shall make no ex parte order for any longer time than it considers necessary to enable the matter to be determined by means of its normal procedures.
Substantial compliance
42A substantial compliance with the requirements of this Act or any other Act conferring jurisdiction, power or authority on the Board is sufficient to give effect to all the rules, decisions, orders, regulations and acts of the Board, and no rules, decisions, orders, regulations or acts of the Board shall be declared inoperative, illegal or void for any omission of a technical nature in respect of such matter or for any non-material defect.
Board may review, rescind or vary order
43The Board may reconsider any order made by it and review, rescind or vary the order if it considers it advisable to do so.
2023, c.6, s.3
Rehearing
44The Board may require a rehearing of an application before making a decision on it.
Effective date of order or decision
45Every order or decision of the Board comes into effect on the date it is made unless the order or decision states otherwise.
Final decision
46(1)A final decision of the Board shall include
(a) any agreed facts,
(b) the findings of fact on the evidence, and
(c) the conclusions of law based on the findings referred to in paragraphs (a) and (b).
46(2)The Board shall ensure that a final decision of the Board is published by the Board within 60 days after it is made.
2007, c.34, s.9; 2023, c.6, s.3
Security for costs
2023, c.6, s.3
47The Board may require from any person such security for the costs incurred or to be incurred by the Board in respect of any matter as it considers reasonable.
Costs
2023, c.6, s.3
47.1(1)For the purposes of this section, “intervener” means the person, other than the Public Intervener, authorized by the Board in accordance with its own procedure to participate as a party to the proceeding, including an investigation or review.
47.1(2)The Board may, in any proceeding before it, order, subject to subsection (3), the costs of and incidental to any proceeding be paid in the amounts or proportions by or to a party to the proceeding.
47.1(3)The Board shall not make an order under subsection (2)
(a) when the proceeding results from financial and consumer services legislation, and
(b) with respect to the Public Intervener referred to in section 49.
47.1(4)The Board shall adopt procedures with respect to costs to be paid to an intervener under subsection (2).
2023, c.6, s.3
Notification to Minister of Justice and Consumer Affairs
Repealed: 2007, c.34, s.10
2007, c.34, s.10
48Repealed: 2007, c.34, s.11
2007, c.34, s.11
Notification to Public Intervener
2013, c.28, s.17
49(1)Except when a proceeding results from the application of financial and consumer services legislation or the Mining Act, when a proceeding is initiated before the Board, the Board shall notify the Public Intervener.
49(2)On request, the Board shall forward to the Public Intervener a copy of all materials filed with the Board with respect to the proceeding.
49(3)With respect to those matters within the responsibility of the Public Intervener under An Act Respecting a Public Intervener for the Energy Sector, the Public Intervener shall be deemed to be a party to all proceedings before the Board, regardless of whether the Public Intervener has notified the Board of his or her intention to intervene.
2013, c.28, s.17; 2023, c.6, s.3
Assisting the Board
2023, c.6, s.3
49.1(1)For the purposes of this section, “regulator” means a regulator as defined in the Financial and Consumer Services Commission Act.
49.1(2)On application of the Board following the commencement of a proceeding resulting from the application of financial and consumer services legislation, a regulator who is not already a party to the proceedings may render assistance to the Board without becoming a party to the proceedings and the Board may receive and accept information from the regulator that it considers relevant, whether or not the information would be admissible in a court of law.
2023, c.6, s.3
Assessment of expenses
50(1)The following definitions apply in this section.
“annual expenses” means the expenses of the Board, both common and direct, incurred in a fiscal year and includes the cost of salaries, benefits and expenses of the members and employees of the Board.(dépenses annuelles)
“common expenses” means the expenses of the Board that are not direct expenses.(dépenses communes)
“direct expenses” means the expenses of the Board that are directly attributable to a specific person.(dépenses directes)
50(2)The annual expenses of the Board incurred or to be incurred by it in relation to its operations under the Acts referred to below, together with any sum needed to make up any arrears or deficiency in the assessment for the preceding year, or their collection, shall be borne respectively by the following persons with respect to those portions of the annual expenses of the Board that pertain to its operations under each Act:
(a) transmitters under the Electricity Act;
(b) gas distributors, gas marketers and licensees under the Gas Distribution Act, 1999;
(c) permittees and licensees under the Pipeline Act, 2005;
(d) public utilities under Part 3 of this Act;
(d.1) Financial and Consumer Services Commission under the Financial and Consumer Services Commission Act;
(d.2) Minister of Natural Resources and Energy Development for the purposes of the Mining Act;
(e) any other person specified by regulation, whether under the Acts listed in paragraphs (a) to (e) or another Act prescribed by regulation.
50(3)The Board shall
(a) determine the amount to be assessed for its annual expenses, having regard to the amount required for the previous year, and
(b) categorize the amount to be assessed as direct expenses or common expenses.
50(4)The Board shall
(a) after the first day of December of the year before the commencement of the fiscal year in respect of which the expenses are determined, assess up to one-half of the amount determined under paragraph (3)(a), and
(b) after the first day of April of the fiscal year in respect of which the expenses are determined, assess the remaining amount determined under paragraph (3)(a).
50(5)The Board, in a manner that to it appears appropriate, shall assess each person specified under subsection (2) its direct expenses and its share of the common expenses.
50(5.1)If, in any fiscal year, the amount of the annual expenses of the Board exceeds the amount of annual expenses determined by the Board under paragraph (3)(a), the Board, in a manner that to it appears appropriate, may at any time during that fiscal year determine an additional assessment for one or more of the persons referred to in subsection (2) for its direct expenses and its share of the common expenses.
50(6)The Board shall notify each person by registered mail of the amount so assessed upon it.
50(7)A person shall, on receipt of a notice under subsection (6), pay the assessed amount to the Board within 30 days after the posting of the notice.
50(8)Where a person fails to pay the amount or any portion of the amount assessed under this section, the Board may make an order requiring the payment and file the order with The Court of King’s Bench of New Brunswick, and the order, on filing, shall have the same force and effect as an order of the Court.
2013, c.7, s.158; 2016, c.41, s.25; 2023, c.6, s.3; 2023, c.17, s.73
Deemed expenses
Repealed: 2013, c.28, s.17
2013, c.28, s.17
51Repealed: 2013, c.28, s.17
2007, c.34, s.12; 2013, c.28, s.17
Judicial review
52(1)Except when an order or decision is the result of the application of financial and consumer services legislation, a person aggrieved by an order or decision of the Board in a matter 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.
52(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.
2023, c.6, s.3
3
PUBLIC UTILITIES
Definitions
53In this Part the following definitions apply.
“gas distribution system” means a gas distribution system as defined in the Gas Distribution Act, 1999.(système de distribution de gaz)
“interconnect” means the physical connection of the line of one railway company with the line of another railway company.(interconnexion)
“interswitch” means to transfer traffic from the lines of one railway company to the lines of another railway company.(aiguillage ferroviaire)
“local government” means a local government as defined in subsection 1(1) of the Local Governance Act.(gouvernement local)
“public utility” means(entreprise de service public)
(a) a person who owns, operates, manages or controls any plant or equipment for the transmission, distribution, delivery or furnishing of water, or that provides such other service as may be prescribed by regulation, either directly or indirectly, to or for the public,
(b) a person who owns, operates, manages or controls any plant or equipment for the transmission, distribution, delivery or furnishing of natural gas by means of a pipeline or gas distribution system, or that provides such other service as may be prescribed by regulation, either directly or indirectly, to or for the public,
(c) when specified by regulation, any local government that owns, operates, manages or controls any plant or equipment for the transmission, distribution, delivery or furnishing of water, either directly or indirectly, to any person outside its own limits,
(d) when specified by regulation, any local government that owns, operates, manages or controls any plant or equipment for the transmission, distribution, delivery or furnishing of natural gas by means of a pipeline or gas distribution system, either directly or indirectly, to any person outside its own limits,
(e) when specified by regulation, a municipal distribution utility as defined in the Electricity Act that generates or distributes electricity, and
(f) a municipal distribution utility as defined in the Electricity Act that generates or distributes electricity if the utility’s controlling interest is held by a person other than the municipality that is served by the utility.
“running rights” means the ability of one railway company to run and operate its trains over and on any portion of the railway lines of another railway company.(droits de circulation)
“tariff” means a schedule of tolls, terms and conditions, classifications, practices or rules and regulations applicable to the provision of a service by a public utility, and includes rules respecting the calculation of tolls.(tarif)
“toll” includes any toll, rate, charge or allowance charged or made for the provision of a service by a public utility.(droit)
2007, c.34, s.13; 2011, c.56, s.9; 2013, c.29, s.10; 2017, c.20, s.64
Supervision of public utilities and others
54(1)The Board has supervision of the activities of public utilities and other persons subject to this Part and has full jurisdiction to inquire into, hear and determine any matter
(a) where it appears to the Board that any person has failed to do any act, matter or thing required to be done by this Part or by any regulation, rule, order or direction made by the Board, or that any person has done or is doing any act, matter or thing contrary to or in contravention of this Part or regulation, rule, order or direction, or
(b) where it appears to the Board that the circumstances may require it, in the public interest, to make any order or give any direction, leave or approval that by law it is authorized to make or give, or concerning any matter, act or thing that by this Part or any regulation, rule, order or direction is prohibited or required to be done.
54(2)The Board may
(a) order and require any person to do, forthwith, or within or at any specified time and in any manner it may determine, any act, matter or thing that the person is or may be required to do under this Part or any regulation, rule, order or direction made or given under this Part, and
(b) forbid the doing or continuing of any act, matter or thing that is contrary to this Part or any regulation, rule, order or direction.
54(3)The Board may of its own motion inquire into, hear and determine any matter that under this Part it may inquire into, hear and determine that does not expressly require an application before the Board.
2007, c.34, s.14
Review by Board
55The Board may review the affairs, earnings and accounts of any public utility.
Books and records of public utility
56(1)Every public utility shall
(a) keep any books, record and accounts that afford a reasonable understanding of the conduct of its business, and
(b) maintain depreciation, amortization and depletion accounts in accordance with generally accepted accounting principles.
56(2)A public utility shall not substantially change its accounting practices under subsection (1) except with the prior approval of the Board.
Reports to the Board
57(1)Every public utility shall, within 3 months after the end of its financial year, or within such further period of time as the Board may allow, file with the Board a return in a form acceptable to the Board showing
(a) a statement showing its rates,
(b) its financial statements for the financial year in the form and verified in the manner directed by the Board, and
(c) a statement setting out the name, address and duties of every officer.
57(2)A public utility shall notify the Board within 10 days after every change in its officers or directors.
Filing of schedules
58A public utility shall file with the Board schedules, which shall be open to public inspection, showing the tariffs that it has established for any services provided by it.
Charges to be in accordance with filed schedule
59A public utility shall not charge, demand or collect or receive a greater or lesser compensation for any service that is prescribed in the schedules than are at the time established, or demand, collect or receive any tolls not specified in such schedules.
Change in tariff
60If a public utility wishes to change any tariff, or provide for another service to the public for which there is no current tariff, it shall apply to the Board to approve the change or the provision of the service.
Hearing to change tariff
61Where the Board receives an application for a change in the tariffs of a public utility, it shall hold a hearing and proceed under section 62.
Notice of hearing
62Notice of the hearing of an application for the approval of a change in a tariff 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 or by any other means as the Board may direct.
2023, c.6, s.3
Burden of proof
63In an application regarding tariffs, the burden of proof is on the applicant.
Approval of Board required
64(1)Unless approval to do so has been obtained from the Board, no public utility shall charge or change any toll or tariff in respect of its services.
64(2)A public utility shall not charge, demand, collect or receive a greater or lesser compensation for its services than is prescribed in the tariff approved by the Board.
Decision of Board
65The Board at the conclusion of the hearing shall
(a) approve the tariff, if it is satisfied that the tariff applied for is just and reasonable or, if not so satisfied, fix such other tariff as it finds to be just and reasonable, and
(b) set the time at which any change in the tariff is to take effect.
Order in the public interest
66Any order of the Board made under this Part is subject to such terms and conditions as the Board considers necessary in the public interest.
Alternative form of regulation
2016, c.41, s.25
67(1)In this section, “alternative form of regulation” means a method of establishing just and reasonable tolls and tariffs by performance-based regulations, including earnings sharing, price caps, price indexing formulas, ranges of authorized rates of return and the reduction or suspension of regulatory requirements, without regard to methods based strictly upon the cost of service, rate base and rate of return.
67(2)In approving or fixing just and reasonable tolls and tariffs for water and electricity, the Board may adopt any method or technique that it considers appropriate, including an alternative form of regulation.
67(3)In approving or fixing just and reasonable tolls and tariffs for the transmission, distribution, delivery or furnishing of natural gas by means of a pipeline or gas distribution system, the Board may adopt any method or technique that it considers appropriate, including an alternative form of regulation.
2011, c.56, s.9; 2016, c.41, s.25
Forbearance from regulation
68(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 of its own making where the Board finds as a question of fact that forbearance would be consistent with the purpose of this Part.
68(2)Where the Board finds as a question of fact that a service offered by a public utility is or will be subject to effective competition sufficient to protect customer’s interests, it shall make a determination to forbear, to the extent that it considers appropriate, conditionally or unconditionally, from regulating the tolls or tariffs or other contractual provisions of that service or class of service offered by a public utility.
68(3)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.
Extension of service by public utility
69(1)The Board may order that a public utility extend its services to an area without such services, upon such terms and conditions as the Board considers just.
69(2)In making an order under this section the Board shall take into consideration the reasonableness of the rate of return to the public utility upon its investment.
69(3)No order shall be made under subsection (1) without a hearing in respect of such matter.
Duty of public utility to provide adequate service
70Every public utility shall furnish reasonably adequate and safe services and facilities.
Discontinuance of service by public utility
71(1)Where any person supplied with a service provided by a public utility neglects or refuses to pay the amount due for the same, or for the rent of the meter or other articles, the public utility may discontinue service and stop the supply.
71(2)In such cases the employees of the public utility may, after 24 hours’ notice, enter the premises of such person between the hours of nine o’clock in the forenoon and four o’clock in the afternoon, and separate and take away such meter, appliances or other property belonging to the public utility, and disconnect any pipes, wires or fittings or other works, whether its property or not, from the main pipes or wires of the public utility.
Existing contracts and jurisdiction of Board
72The jurisdiction of the Board under this Part may be exercised by it notwithstanding any existing contract or agreement or Act of the Legislative Assembly of New Brunswick.
Provincial railways
73(1)This section applies to railways whose construction or operation is authorized by an Act of the Legislative Assembly of New Brunswick and whose tracks intersect or run into the same local government.
73(2)Upon application, the Board may order that the tracks of 2 railways be interconnected to permit running rights between the 2 railways and to permit the interswitching of traffic between the railways.
73(3)An order made under subsection (2) may be made an order of The Court of King’s Bench of New Brunswick and may be enforced as an order of that court.
2017, c.20, s.64; 2023, c.17, s.73
Provincial and federal railways
74(1)This section applies where the tracks of a railway whose construction or operation is authorized by an Act of the Legislative Assembly of New Brunswick intersects with or runs into the same local government as the tracks of a railway whose construction or operation is authorized by an Act of the Parliament of Canada.
74(2)The Board may act in conjunction with the Canadian Transportation Agency with respect to an application for an order to interconnect the tracks of the railways to permit running rights between the 2 railways and to permit the interswitching of traffic between the railways.
74(3)An application is commenced by filing with the Canadian Transportation Agency and the Board an application for an order, together with evidence of service of the application upon the railway companies affected, and on the head of the local government in which the connection is proposed to be made, if the application is not made by the local government.
74(4)After receiving the application, the Canadian Transportation Agency and the Board may jointly hear and determine the application, and may order the interconnection of the tracks of the railways, subject to such terms and conditions as they consider appropriate.
74(5)Any order made under subsection (4) may be made an order of the Federal Court of Canada or The Court of King’s Bench of New Brunswick, as the case may be, and may be enforced as an order of that court.
2017, c.20, s.64; 2023, c.17, s.73
Policies of Lieutenant-Governor in Council
75(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 upon it under this Part.
75(2)Subsection (1) shall be deemed not to authorize any regulation directed specifically to any matter, application or decision pending before the Board.
Regulations of Board
76(1)The Board may make regulations
(a) respecting the procedure to be followed before the Board in respect of any matter;
(b) for the carrying out of the objects of this Part which, when approved by the Lieutenant-Governor in Council, shall have the force of law.
76(2)No regulation made by the Board is effective until it has been published in The Royal Gazette.
4
GENERAL
Production of documents and information
77Any person over whom the Board has jurisdiction under this or any other Act and to whom the Board makes a request for documents or information of any kind that relate to matters over which the Board has jurisdiction shall furnish the required documents or information to the Board without delay.
Copies as proof
78(1)A copy of any rule, order, direction, decision or report made or given by the Board, purporting to be certified by the Chairperson or Vice-Chairperson, shall be received in evidence as proof, in the absence of evidence to the contrary, of the original document without proof of the signature or appointment of the person so certifying.
78(2)Any document purporting to be certified by the Chairperson or Vice-Chairperson as a copy of a document or an extract of a document deposited with the Board shall be received in evidence as proof, in the absence of evidence to the contrary, that the original was so deposited and that it was received or signed as it purports to be in the certified copy without proof of the signature or appointment of the person so certifying.
Furnishing of certificates and copies to the Board
79The Minister and any other minister of the government of New Brunswick, Service New Brunswick, a Crown corporation or other agency of the Province shall furnish the Board with such certificates and certified copies of documents as it may in writing require, without charge, and the Board may at any time search in the public records of Service New Brunswick without charge.
Repealed
80Repealed: 2012, c.13, s.3
2012, c.13, s.3
Offences and penalties
81(1)A person who violates or fails to comply with an order of the Board made under Part 3 commits an offence.
81(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
81(3)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
Continuing offence
82Where an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
Regulations
83The Lieutenant-Governor in Council may make regulations
(a) prescribing a service for the purposes of the definition “public utility”;
(b) specifying municipal distribution utilities for the purposes of the definition “public utility”;
(b.1) governing the nomination process for the purposes of subsection 4(4) including, without limitation, recruitment, assessment and selection processes and the qualifications and skill requirements for candidates;
(c) governing conflict of interest of members and employees of the Board;
(d) specifying persons who are to be assessed with respect to the annual expenses of the Board;
(d.1) prescribing matters for the purposes of paragraph 27.1(1)(k);
(e) prescribing Acts for the purposes of paragraph 50(2)(e);
(f) Repealed: 2012, c.13, s.3
(g) establishing policies to be observed by the Board in the exercise of any jurisdiction or authority conferred upon it under Part 3;
(h) prescribing the amount of money to be paid to a witness for travel and attendance before a hearing of the Board;
(i) respecting costs that may be awarded by the Board, and by whom and to whom costs are to be paid and by whom they are to be assessed;
(j) defining words used, but not defined, in this Act.
2012, c.13, s.3; 2013, c.29, s.11
5
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT
TRANSITIONAL PROVISIONS
References to Board of Commissioners of Public Utilities
84Where in any Act, other than this Act, or in any rule, order, regulation, by-law, agreement or other instrument or document, reference is made to the Board of Commissioners of Public Utilities, it shall be read, unless the context otherwise requires, as a reference to the New Brunswick Energy and Utilities Board, and any reference to the Chairman shall be read as a reference to the Chairperson.
Appointments revoked
Repealed: 2007, c.34, s.15
2007, c.34, s.15
85Repealed: 2007, c.34, s.16
2007, c.34, s.16
Transfer of property and obligations
86All rights and property of the Board of Commissioners of Public Utilities and all obligations of the Board of Commissioners of Public Utilities are transferred to the New Brunswick Energy and Utilities Board.
Legal proceedings
87Any action, suit or other legal proceeding to which the Board of Commissioners of Public Utilities is a party pending in any court immediately before the commencement of this section may be continued by or against the New Brunswick Energy and Utilities Board in like manner and to the same extent as it could have been continued by or against the Board of Commissioners of Public Utilities.
Employees continued
88Every person who was an employee of the Board of Commissioners of Public Utilities immediately before the commencement of this section shall occupy the same position under the authority of the New Brunswick Energy and Utilities Board.
Proceedings
89(1)Subject to this section, proceedings relating to any matter before the Board of Commissioners of Public Utilities on the commencement of this section, including any matter that is in the course of being heard or investigated by the Board of Commissioners of Public Utilities shall be continued by the New Brunswick Energy and Utilities Board.
89(2)The Lieutenant-Governor in Council may direct that proceedings in respect of which no decision has been made shall be
(a) discontinued, or
(b) continued by the New Brunswick Energy and Utilities Board,
on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties and of the general public.
89(3)Where in any proceeding continued under this section any evidence was heard by a member of the Board of Commissioners of Public Utilities, that person may, on the request of the Chairperson of the New Brunswick Energy and Utilities Board, continue to hear the matter and that person is deemed to be a member of the New Brunswick Energy and Utilities Board for the specific purpose of the expeditious completion of the proceedings, after which time that member shall cease to hold office.
89(4)A person referred to in subsection (3) who is deemed to be a member of the New Brunswick Energy and Utilities Board under that subsection shall be paid in a manner that is consistent with the remuneration the person was receiving immediately before the commencement of this section, unless the Lieutenant-Governor in Council orders otherwise.
89(5)Notwithstanding any provision of the Electricity Act, the Board of Commissioners of Public Utilities shall not commence any hearings under section 123 of the Electricity Act, effective as of the date that this provision was introduced as part of a bill in the Legislative Assembly of New Brunswick.
89(6)Hearings referred to in subsection (5) may only be commenced by the New Brunswick Energy and Utilities Board after the commencement of section 3.
Decisions, orders, etc.
90Every decision, order, licence, permit, rule, regulation and direction made or issued by the Board of Commissioners of Public Utilities that was in force immediately before the commencement of this section continues in force as if it were a decision, order, licence, permit, rule, regulation or direction made or issued by the New Brunswick Energy and Utilities Board.
Recovery of start-up costs – Pipeline Act, 2005
91For the purposes of the Pipeline Act, 2005, the New Brunswick Energy and Utilities Board may recover its start-up costs, as that term was defined in that Act immediately before the commencement of this section, by assessment of permittees and licensees under that Act over the period it shall determine, and shall remit them to the Minister of Finance and Treasury Board.
2019, c.29, s.51
Recovery of Attorney General costs - transition
92Notwithstanding section subsection 96(31), section 137 of the Electricity Act continues to apply with respect to the costs of the Attorney General until any hearing in respect of which the Attorney General is making or has made representations to the Board before the commencement of this section is finally concluded.
CONSEQUENTIAL AMENDMENTS
Clean Environment Act
93Paragraph 15.2(1)(e) of the Clean Environment Act, chapter C-6 of the Revised Statutes, 1973, is amended by striking out “from the provisions of the Public Utilities Act” and substituting “from the provisions of Part 3 of the Energy and Utilities Board Act”.
Companies Act
94Subsection 57(2) of the Companies Act, chapter C-13 of the Revised Statutes, 1973, is amended by striking out “the Board of Commissioners of Public Utilities” and substituting “the Executive Director of the New Brunswick Securities Commission”.
Consumer Advocate for
Insurance Act
95(1)Subsection 7(3) of the Consumer Advocate for Insurance Act, chapter C-17.5 of the Acts of New Brunswick, 2004, is repealed.
95(2)Subsection 11(2) of the Act is amended by striking out “or any costs incurred by the appearance of the Consumer Advocate under subsection 7(3) before the Board of Commissioners of Public Utilities”.
Electricity Act
96(1)Section 1 of the Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003, is amended
(a) by repealing the definition “Board” and substituting the following:
“Board” means the New Brunswick Energy and Utilities Board as continued under the Energy and Utilities Board Act;(Commission)
(b) by repealing the definition “common expenses”;
(c) by repealing the definition “direct expenses”;
(d) by repealing the definition “electronic hearing”;
(e) by repealing the definition “hearing” and substituting the following:
“hearing” means a public hearing; (audience)
(f) by repealing the definition “oral hearing”;
(g) by repealing the definition “written hearing”.
96(2)The heading preceding section 106 is repealed and the following is substituted:
Judicial review
96(3)Section 106 of the Act is repealed and the following is substituted:
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.
96(4)The heading preceding section 115 is repealed and the following is substituted:
Judicial review
96(5)Section 115 is repealed and the following is substituted:
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.
96(6)The heading preceding section 116 of the Act is repealed.
96(7)Section 116 of the Act is repealed.
96(8)The heading preceding section 117 of the Act is repealed.
96(9)Section 117 of the Act is repealed.
96(10)The heading preceding section 121 of the Act is repealed.
96(11)Section 121 of the Act is repealed.
96(12)The heading preceding section 122 of the Act is repealed.
96(13)Section 122 of the Act is repealed.
96(14)The heading preceding section 124 of the Act is repealed.
96(15)Section 124 of the Act is repealed.
96(16)The heading preceding section 126 of the Act is repealed.
96(17)Section 126 of the Act is repealed.
96(18)Section 128 of the Act is amended
(a) by repealing subsection (2);
(b) by repealing subsection (3).
96(19)Section 131 of the Act is repealed and the following is substituted:
131Subject to sections 103 and 105, every order or decision of the Board comes into effect on the date it is made unless the order or decision states otherwise.
96(20)The heading preceding section 132 of the Act is repealed.
96(21)Section 132 of the Act is repealed.
96(22)The heading preceding section 133 of the Act is repealed.
96(23)Section 133 of the Act is repealed.
96(24)The heading preceding section 134 of the Act is repealed.
96(25)Section 134 of the Act is repealed.
96(26)The heading preceding section 135 of the Act is repealed.
96(27)Section 135 of the Act is repealed.
96(28)The heading preceding section 136 of the Act is repealed.
96(29)Section 136 of the Act is repealed.
96(30)The heading preceding section 137 of the Act is repealed.
96(31)Section 137 of the Act is repealed.
96(32)The heading preceding section 138 of the Act is repealed.
96(33)Section 138 of the Act is repealed.
96(34)The heading preceding section 141 of the Act is repealed.
96(35)Section 141 of the Act is repealed.
96(36)Section 146 of the Act is amended
(a) by renumbering the section as subsection 146(1);
(b) by adding after subsection (1) the following:
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.
96(37)Paragraph 175(1)(b) of the Act is amended by repealing paragraph (b) of the definition “public utility”.
Edmundston Act, 1998
97Subsection 20(3) of the Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, is amended by striking out “the Public Utilities Act” and substituting “Part 3 of the Energy and Utilities Board Act”.
Gas Distribution Act, 1999
98(1)Section 1 of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended
(a) by repealing the definition “Board” and substituting the following:
“Board” means the Energy and Utilities Board continued under the Energy and Utilities Board Act;(Commission)
(b) by repealing the definition “electronic hearing”;
(c) by repealing the definition “oral hearing”;
(d) by repealing the definition “start up costs”;
(e) by repealing the definition “written hearing”.
98(2)Subsection 14(1) of the Act is amended by striking out “Public Utilities Act” and substituting “Part 3 of the Energy and Utilities Board Act”.
98(3)Section 70 of the Act is repealed.
98(4)Subsection 71(3) of the Act is repealed.
98(5)Section 72 of the Act is repealed.
98(6)Section 73 of the Act is repealed.
98(7)Section 74 of the Act is repealed.
98(8)Section 75 of the Act is repealed.
98(9)Section 76 of the Act is repealed.
98(10)Section 77 of the Act is repealed.
98(11)Section 78 of the Act is repealed.
98(12)Section 79 of the Act is repealed.
98(13)Section 80 of the Act is repealed.
98(14)Section 81 of the Act is repealed.
98(15)Section 82 of the Act is repealed.
98(16)Section 83 of the Act is repealed.
98(17)Section 84 of the Act is repealed.
98(18)Section 86 of the Act is repealed.
98(19)Section 87 of the Act is repealed.
98(20)Section 88 of the Act is repealed.
98(21)Section 89 of the Act is repealed.
98(22)Section 94 of the Act is repealed.
98(23)Schedule A of the Act is amended by striking out the following:
42(2)..............G
Motor Carrier Act
99(1)Section 1 of the Motor Carrier Act, chapter M-16 of the Revised Statutes, 1973, is amended
(a) by repealing the definition “Board” and substituting the following:
“Board” means the New Brunswick Energy and Utilities Board continued under the Energy and Utilities Board Act;(Commission)
(b) by repealing the definition “Secretary”.
99(2)Section 2 of the Act is amended
(a) by repealing subsection (3) and substituting the following:
2(3)Between meetings of the Board, the Chairperson of the Board, or in the absence of the Chairperson or the inability of the Chairperson to act, the Vice-Chairperson, may do any of the things that the Board is authorized to do under this Act, but an order or decision of the Chairperson or Vice-Chairperson made under this subsection shall be effective only until the next ensuing meeting of the Board, except as provided in section 4.1.
(b) in subsection (4.1) of the English version by striking out “Chairman” and substituting “Chairperson”;
(c) in subsection (4.2) of the English version by striking out “Chairman” and substituting “Chairperson”;
(d) in subsection (5) of the English version by striking out “Chairman” and substituting “Chairperson”;
(e) in subsection (8) by striking out “the Board of Commissioners of Public Utilities” and substituting “the New Brunswick Energy and Utilities Board”.
99(3)Section 22 of the Act is amended by striking out “under the Public Utilities Act” and substituting “under Part 3 of the Energy and Utilities Board Act”.
Municipalities Act
100Subsection 189(19) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by striking out “Public Utilities Board” and substituting “New Brunswick Energy and Utilities Board”.
Pipeline Act, 2005
101(1)Section 1 of the Pipeline Act, 2005, chapter P-8.5 of the Acts of New Brunswick, 2005, is amended
(a) by repealing the definition “Board” and substituting the following:
“Board” means the New Brunswick Energy and Utilities Board as continued under the Energy and Utilities Board Act.(Commission)
(b) by repealing the definition “common expenses”;
(c) by repealing the definition “direct expenses”;
(d) by repealing the definition “electronic hearing”;
(e) by repealing the definition “oral hearing”;
(f) by repealing the definition “start-up costs”;
(g) by repealing the definition “written hearing”.
101(2)Subsection 50(3) of the Act is repealed.
101(3)The heading preceding section 51 of the Act is repealed.
101(4)Section 51 of the Act is repealed.
101(5)The heading preceding section 52 of the Act is repealed.
101(6)Section 52 of the Act is repealed.
101(7)The heading preceding section 53 of the Act is repealed.
101(8)Section 53 of the Act is repealed.
101(9)The heading preceding section 54 of the Act is repealed.
101(10)Section 54 of the Act is repealed.
101(11)The heading preceding section 55 of the Act is repealed.
101(12)Section 55 of the Act is repealed.
101(13)The heading preceding section 56 of the Act is repealed.
101(14)Section 56 of the Act is repealed.
101(15)The heading preceding section 57 of the Act is repealed.
101(16)Section 57 of the Act is repealed.
101(17)The heading preceding section 58 of the Act is repealed.
101(18)Section 58 of the Act is repealed.
101(19)The heading preceding section 59 of the Act is repealed.
101(20)Section 59 of the Act is repealed.
101(21)The heading preceding section 60 of the Act is repealed.
101(22)Section 60 of the Act is repealed.
101(23)The heading preceding section 61 of the Act is repealed.
101(24)Section 61 of the Act is repealed.
101(25)The heading preceding section 62 of the Act is repealed.
101(26)Section 62 of the Act is repealed.
101(27)The heading preceding section 63 of the Act is repealed.
101(28)Section 63 of the Act is repealed.
101(29)Section 64 of the Act is repealed.
101(30)The heading preceding section 66 of the Act is repealed.
101(31)Section 66 of the Act is repealed.
101(32)The heading preceding section 67 of the Act is repealed.
101(33)Section 67 of the Act is repealed.
101(34)The heading preceding section 68 of the Act is repealed.
101(35)Section 68 of the Act is repealed.
101(36)The heading preceding section 69 of the Act is repealed.
101(37)Section 69 of the Act is repealed.
101(38)The heading preceding section 70 of the Act is repealed.
101(39)Section 70 of the Act is repealed.
101(40)The heading preceding section 71 of the Act is repealed.
101(41)Section 71 of the Act is repealed.
101(42)The heading preceding section 72 of the Act is repealed.
101(43)Section 72 of the Act is repealed.
Protected Natural Areas Act
102Section 1 of the Protected Natural Areas Act, chapter P-19.01 of the Acts of New Brunswick, 2003, is amended in the definition “public utility” by striking out “Public Utilities Act” and substituting “Part 3 of the Energy and Utilities Board Act”.
REPEAL
Repeal of Public Utilities Act and regulation
103(1)The Public Utilities Act, chapter P-27 of the Revised Statutes, 1973, is repealed.
103(2)New Brunswick Regulation 92-140 under the Public Utilities Act is repealed.
COMMENCEMENT
Commencement
104(1)Subject to subsection (2), this Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.
104(2)Subsection 89(5) shall be deemed to have come into force on the date that the provision was first introduced as part of a bill in the Legislative Assembly of New Brunswick.
SCHEDULE A
Column I
Section
Column II
Category of Offence
 
56(1)(a).............. 
E
56(1)(b).............. 
E
56(2).............. 
E
57(1).............. 
E
57(2)..............
E
58.............. 
G
59.............. 
G
64(1).............. 
G
64(2).............. 
G
77.............. 
E
81(1).............. 
F
N.B. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, subsection 48(1), sections 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 81, 82, paragraphs 83(a), 83(b), 83(c), 83(d), 83(e), 83(g), 83(h), 83(i), 83(j), sections 84, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103 and 104 were proclaimed and came into force February 1, 2007.
N.B. Schedule A was proclaimed and came into force March 31, 2016.
N.B. Section 80 and paragraph 83(f) of this Act were repealed by the Statute Repeal Act, 2012, c.13, in force December 31, 2016.
N.B. This Act is consolidated to June 16, 2023.