Acts and Regulations

2010-4 - Shared Generation Facility Agreement

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2010-4
under the
Municipalities Act
(O.C. 2010-12)
Filed January 18, 2010
Under subsection 192(1) of the Municipalities Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1 This Regulation may be cited as the Shared Generation Facility Agreement Regulation - Municipalities Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Municipalities Act.(Loi)
“party” means a party to a shared generation facility agreement.(partie)
“shared generation facility agreement” means an agreement entered into under the authority of subsection 111.2(3) of the Act.(convention de participation dans une installation de production)
Shared generation facility agreement
3(1)In this section, “shared activity” includes any of the following activities:
(a) the construction, ownership or operation of a generation facility; and
(b) the use or sale of the electricity generated at a generation facility.
3(2)A shared generation facility agreement may be entered into with respect to
(a) the construction, ownership or operation of a generation facility by a municipality or a rural community,
(b) the construction, ownership or operation of a generation facility within or outside the territorial limits of a municipality or rural community, and
(c) the use or sale of the electricity generated at the generation facility.
3(3)A shared generation facility agreement may delegate to a committee, board or commission the authority to provide for the shared activity and may include the terms of reference with regard to this delegation.
3(4)A shared generation facility agreement may include provisions with respect to the following:
(a) a description of the shared activity covered by the agreement;
(b) how the shared activity shall be administered;
(c) who shall administer the shared activity;
(d) the area in which the generation facility shall be located;
(e) who shall generate the electricity;
(f) the manner in which the electricity shall be generated;
(g) how the electricity generated may be used;
(h) who shall use the electricity generated;
(i) how the electricity generated shall be sold;
(j) who the electricity generated shall be sold to;
(k) how the revenues of the shared activity, if any, are to be used and shared;
(l) how the capital and current costs of the shared activity shall be paid, including the method of calculating the proportion of capital and current costs that shall be paid by a party;
(m) the proportion of the capital and current costs that shall be paid by a party for the shared activity;
(n) when a party shall pay its portion of the capital and current costs for the shared activity;
(o) the rate of interest that may be charged on a payment that is in arrears;
(p) during the term of the agreement, who shall own capital assets acquired under or in furtherance of the agreement;
(q) the disposition of capital assets during the term of the agreement or on termination of the agreement;
(r) the sharing of liabilities among the parties during the term of the agreement or upon termination of the agreement;
(s) amending, reviewing or terminating the agreement;
(t) resolving disputes among the parties that arise as a result of the agreement; and
(u) any other matter agreed to by the parties.
N.B. This Regulation is consolidated to January 18, 2010.