Acts and Regulations

2015, c.32 - An Act to Amend the Electricity Act

Full text
2015, c.32
An Act to Amend the
Electricity Act
Assented to June 5, 2015
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1Subsection 142(1) of the Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended by adding after paragraph (l) the following:
(l.1) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by small-scale generation facilities, including, but without limitation,
(i) respecting a procurement set-aside for Aboriginal businesses, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from Aboriginal businesses,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more Aboriginal businesses and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more Aboriginal businesses and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from Aboriginal businesses,
(E) authorizing an Aboriginal business to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(ii) respecting a procurement set-aside for local entities, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from local entities,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more local entities and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more local entities and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from local entities,
(E) authorizing a local entity to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more local entities to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more local entities to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain, and
(iii) respecting procurement rules in relation to obtaining electricity through distributed generation, including,
(A) deeming any electricity obtained by the Corporation in accordance with an embedded generation agreement or a net metering agreement that is in effect on the date the program begins as electricity obtained under the program,
(B) respecting the criteria an embedded generation facility must meet in order to provide the Corporation with electricity under an embedded generation agreement, and
(C) respecting the criteria for providing the Corporation with electricity under a net metering agreement;
2This Act comes into force on a day or days to be fixed by proclamation.