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.
(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.
(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