Acts and Regulations

E-9.18 - Energy and Utilities Board Act

Section 96
Disposition versions

Full text
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96(2)The heading preceding section 106 is repealed and the following is substituted: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96(3)Section 106 of the Act is repealed and the following is substituted: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96(4)The heading preceding section 115 is repealed and the following is substituted: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96(5)Section 115 is repealed and the following is substituted: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”.
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) (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”.