https://www.legnb.ca/en/webcasts/680?audiolang=eng

60th Legislature | 1st Session | Daily Sitting #58

December 10, 2021

---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Fri, 10 Dec 2021 15:26:56 +0000
Subject: RE: Methinks now that Higgy has had his way its way past to
late folks to study BILL 77 An Act to Amend the Electricity Act N'esy
Pas?
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-

---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Wed, 8 Dec 2021 13:19:42 +0000
Subject: RE: Methinks folks should study Bill 77 ASAP N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>

---------- Original message ----------
From: "O'Toole, Erin - M.P." <Erin.OToole@parl.gc.ca>
Date: Wed, 8 Dec 2021 12:28:51 +0000
Subject: Automatic reply: Methinks Higgy and his sneaky little buddy
Krissy Austin should ask the mindless LIEbrano Guy Arseneault if he
knows when Trudeau will hold a Vote on the Throne Speech N'esy Pas
Ezzy Baby Levant?
To: David Amos <david.raymond.amos333@gmail.com>

On behalf of the Hon. Erin O’Toole, thank you for contacting the
Office of the Leader of the Official Opposition.

Mr. O’Toole greatly values feedback and input from Canadians. We read
and review every incoming e-mail. Please note that this account
receives a high volume of e-mails. We reply to e-mails as quickly as
possible.

If you are a constituent of Mr. O’Toole’s in Durham with an urgent
matter please contact his constituency office at:

Office of Erin O’Toole, M.P.
54 King Street East, Suite 103
Bowmanville, ON L1C 1N3
Tel: (905) 697-1699 or Toll-Free (866) 436-1141

Once again, thank you for writing.

Sincerely,

Office of the Leader of the Official Opposition

----------------------------------------------------------------------------

Au nom de l’hon. Erin O’Toole, merci de communiquer avec le Bureau du
chef de l’Opposition officielle.

M. O’Toole apprécie beaucoup le point de vue et les commentaires des
Canadiens et des Canadiennes. Nous lisons tous les courriels que nous
recevons. Veuillez noter que ce compte reçoit beaucoup de courriels.
Nous y répondons le plus rapidement possible.

Si vous êtes un électeur ou une électrice de M. O’Toole dans la
circonscription de Durham et que vous avez une question urgente,
veuillez communiquer avec son bureau de circonscription, au :

Bureau d’Erin O’Toole, député
54, rue King Est, bureau 103
Bowmanville (Ontario) L1C 1N3
Tél. : (905) 697-1699 ou sans frais : (866) 436-1141

Encore une fois merci d’avoir pris le temps d’écrire.

Veuillez agréer nos salutations distinguées,

Bureau du chef de l’Opposition officielle

---------- Original message ----------
From: Mail Delivery Subsystem <mailer-daemon@googlemail.com>
Date: Wed, 08 Dec 2021 05:17:59 -0800 (PST)
Subject: Delivery Status Notification (Failure)
To: david.raymond.amos333@gmail.com

** Message blocked **

Your message to jfurey@nbpower.com has been blocked. See technical
details below for more information.

The response from the remote server was:
550 ETP102 recipient rejected by downstream MTA. Reason: [ 5.4.1
Recipient address rejected: Access denied. AS(201806281)
[TO1CAN01FT019.eop-CAN01.prod.protection.outlook.com] ] -
EBEA09683680B0B16aacf2c31

---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Wed, 8 Dec 2021 09:17:56 -0400
Subject: Methinks folks should study Bill 77 ASAP N'esy Pas?
To: media-medias@gnb.ca, Newsroom <Newsroom@globeandmail.com>,
briangallant10 <briangallant10@gmail.com>, chuck.chiasson@gnb.ca,
jean-claude.d'amours@gnb.ca, francine.landry@gnb.ca,
jacques.j.leblanc@gnb.ca, benoit.bourque@gnb.ca, gilles.lepage@gnb.ca,
"guy.arseneault" <guy.arseneault@gnb.ca>, daniel.guitard@gnb.ca,
rene.legacy@gnb.ca, denis.landry2@gnb.ca, isabelle.theriault@gnb.ca,
eric.mallet@gnb.ca, keith.chiasson@gnb.ca, "jake.stewart"
<jake.stewart@parl.gc.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"
<Katie.Telford@pmo-cpm.gc.ca>, "Ian.Shugart"
<Ian.Shugart@pco-bcp.gc.ca>, "Furey, John" <jfurey@nbpower.com>,
"Petrie, Jamie" <JPetrie@nbpower.com>, "Robert. Jones"
<Robert.Jones@cbc.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>,
"rob.moore" <rob.moore@parl.gc.ca>, "Ross.Wetmore"
<Ross.Wetmore@gnb.ca>, oldmaison <oldmaison@yahoo.com>, "steve.murphy"
<steve.murphy@ctv.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, "blaine.higgs"
<blaine.higgs@gnb.ca>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>,
"Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, David.Coon@gnb.ca, "kris.austin"
<kris.austin@gnb.ca>, "michelle.conroy" <michelle.conroy@gnb.ca>

https://davidraymondamos3.blogspot.com/2021/12/thousands-without-power-schools-closed.html

Tuesday, 7 December 2021
Thousands without power, schools closed after overnight winds

https://davidraymondamos3.blogspot.com/2021/11/mikey-hollands-very-sneaky-stinky-bill.html

Saturday, 13 November 2021
MIKEY HOLLAND'S VERY SNEAKY STINKY BILL 77 An Act to Amend the
Electricity Act Read first time: November 10, 2021

---------- Original message ----------
From: "Sollows, David (DNRED/MRNDE)" <David.Sollows@gnb.ca>
Date: Wed, 24 Nov 2021 19:09:11 +0000
Subject: Automatic reply: EUB Matter 503 Methinks David Coon and the
LIEbranos should do something about your dubious Bill 77 ASAP N'esy
Pas Higgy???
To: David Amos <david.raymond.amos333@gmail.com>

Hi,

I am currently out of the office. Please forward your email to
Heather.Quinn@gnb.ca<mailto:Heather.Quinn@gnb.ca>.

Thank you!
______________________________

___________________________________

Bonjour,

Je suis présentement absent du bureau. Veuillez S.V.P. faire suivre
votre courriel à Heather.Quinn@gnb.ca<mailto:Heather.Quinn@gnb.ca>.

Merci!

---------- Original message ----------
From: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>
Date: Wed, 24 Nov 2021 19:09:14 +0000
Subject: Automatic reply: EUB Matter 503 Methinks David Coon and the
LIEbranos should do something about your dubious Bill 77 ASAP N'esy
Pas Higgy???
To: David Amos <david.raymond.amos333@gmail.com>

I will be out of the office until Wednesday, December 1, 2021.

If you are filing any documents, please forward your filing to
general@nbeub.ca<mailto:general@nbeub.ca>.

If you require assistance please dial 506-658-2504.

Thank you,

***

Je serai a l'extérieure du bureau jusqu'au mercredi 1 decembre 2021.

Si vous déposez des documents, s’il vous plait envoyez-les à
general@cespnb.ca<mailto:general@cespnb.ca>

Si vous avez besoin d'assistance s.v.p. compose le 506-658-2504.

Merci,

---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Thu, 11 Nov 2021 02:32:12 +0000
Subject: RE: RE NB Power and EUB Matter 503 Methinks David Coon and
the LIEbranos should remind Higgy and the mindless Mr Furey that the
Fat Lady aint sung about the dubious Bill 77 yet N'esy Pas???
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-

---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, 2 Nov 2021 12:50:04 -0300
Subject: Fwd: Need I remind Higgy and Holland that some folks have a
long memory and keep good records as well?
To: media-medias@gnb.ca, Newsroom <Newsroom@globeandmail.com>,
briangallant10 <briangallant10@gmail.com>, chuck.chiasson@gnb.ca,
jean-claude.d'amours@gnb.ca, francine.landry@gnb.ca,
jacques.j.leblanc@gnb.ca, benoit.bourque@gnb.ca, gilles.lepage@gnb.ca,
"guy.arseneault" <guy.arseneault@gnb.ca>, daniel.guitard@gnb.ca,
rene.legacy@gnb.ca, denis.landry2@gnb.ca, isabelle.theriault@gnb.ca,
eric.mallet@gnb.ca, keith.chiasson@gnb.ca
Cc: motomaniac333 <motomaniac333@gmail.com>, "jake.stewart"
<jake.stewart@parl.gc.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"
<Katie.Telford@pmo-cpm.gc.ca>, "Ian.Shugart"
<Ian.Shugart@pco-bcp.gc.ca>

---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Mon, 1 Nov 2021 17:46:50 +0000
Subject: RE: Need I remind Higgy and Holland that some folks have a
long memory and keep good records as well?
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-

Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>

---------- Original message ----------
From: "Austin, Kris (LEG)" <Kris.Austin@gnb.ca>
Date: Mon, 1 Nov 2021 17:46:50 +0000
Subject: Automatic reply: Need I remind Higgy and Holland that some
folks have a long memory and keep good records as well?
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email.

Please be assured that all emails and letters are read carefully.

If your concern is constituency related, please contact my
constituency office assistant Janet by phone or email.
janet.johnston@gnb.ca or 506-440-9542

Thank you for taking the time to reach out to me with your questions
or concerns.

Sincerely,

Kris Austin
Leader-People's Alliance Party
506-462-5875

https://www1.gnb.ca/legis/calendar/index-e.asp?m_year=2021&m_month=11

Legislative Assembly of New Brunswick
Calendar

November, 2021

Date	Time	Legislative Sessions
2	1:00 pm	Daily Sitting 40 - Tuesday, November 2, 2021
The Speaker of the Legislative Assembly of New Brunswick gives notice as follows: TAKE NOTICE that the Proclamation of Her Honour proclaiming that the Legislative Assembly will meet at 11:00 a.m. on Tuesday, November 2, 2021, for the purpose of proroguing the First Session of the 60^th Legislature has been revoked. AND TAKE FURTHER NOTICE that pursuant to the terms of the Adjournment Motion on June 10, 2021, the Legislative Assembly will meet at 1:00 p.m. on Tuesday, November 2, 2021, for the purpose of resuming the First Session of the 60^th Legislature. Dated at Fredericton, N.B., this 1^st day of November 2021.

Date	Time	Legislative Sessions
3	10:00 am	Daily Sitting 41 - Wednesday, November 3, 2021
House

Date	Time	Legislative Sessions
4	10:00 am	Daily Sitting 42 - Thursday, November 4, 2021
House

Date	Time	Legislative Sessions
5	9:00 am	Daily Sitting 43 - Friday, November 5, 2021
House

Date	Time	Standing Committee on Economic Policy
5	11:30 am	Notice of meeting - Friday, November 5, 2021
The Standing Committee on Economic Policy will meet in the Chamber of the Legislative Assembly on Friday, November 5, 2021, following the adjournment of the House until 2 p.m.

Date	Time	Legislative Sessions
9	1:00 pm	Daily Sitting 44 - Tuesday, November 9, 2021
House

Date	Time	Standing Committee on Economic Policy
9	3:00 pm	Notice of meeting - Tuesday, November 9, 2021
The Committee will meet in the Chamber of the Legislative Assembly on Tuesday, November 9, 2021, following the adjournment of the House until 6 p.m.

Date	Time	Legislative Sessions
10	10:00 am	Daily Sitting 45 - Wednesday, November 10, 2021
House

Date	Time	Standing Committee on Economic Policy
10	1:00 pm	Notice of meeting - Wednesday, November 10, 2021
The Committee will meet in the Chamber of the Legislative Assembly on Wednesday, November 10, 2021, following the adjournment of the House until 6 p.m.

Date	Time	Legislative Sessions
12	9:00 am	Daily Sitting 46 - Friday, November 12, 2021
House

Date	Time	Standing Committee on Economic Policy
12	11:30 am	Notice of meeting - Friday, November 12, 2021
The Standing Committee on Economic Policy will meet in the Chamber of the Legislative Assembly on Friday, November 12, 2021, following the adjournment of the House until 2 p.m.

Date	Time	Standing Committee on Private Bills
16	10:00 am	Notice of meeting - Tuesday, November 16, 2021
The Standing Committee on Private Bills will meet in the Legislative Council Chamber on Tuesday, November 16, 2021, at 10 a.m. AGENDA • Bill 64, An Act to Amend An Act Respecting Podiatry

Date	Time	Legislative Sessions
23	1:00 pm	Daily Sitting 47 - Tuesday, November 23, 2021
House

Date	Time	Legislative Sessions
24	10:00 am	Daily Sitting 48 - Wednesday, November 24, 2021
House

Date	Time	Legislative Sessions
25	10:00 am	Daily Sitting 49 - Wednesday, November 25, 2021
House

Date	Time	Legislative Sessions
26	9:00 am	Daily Sitting 50 - Friday, November 26, 2021
House

https://www.legnb.ca/en/webcasts/644?audiolang=eng

60th Legislature | 1st Session | Daily Sitting #40

November 2, 2021

https://www.legnb.ca/en/webcasts/654?audiolang=eng

60th Legislature | 1st Session | Daily Sitting #45

November 10, 2021

https://www.legnb.ca/en/webcasts/655?audiolang=eng

60th Legislature | 1st Session | Daily Sitting #46

November 12, 2021

https://www.legnb.ca/en/webcasts/664

60th Legislature | 1st Session | Daily Sitting #49 (Morning)

November 25, 2021

https://www.legnb.ca/en/webcasts/666

60th Legislature | 1st Session | Daily Sitting #49 (Afternoon)

November 25, 2021

https://www.legnb.ca/en/webcasts/667?audiolang=eng

60th Legislature | 1st Session | Daily Sitting #50

November 26, 2021

https://www.legnb.ca/en/webcasts/676?audiolang=eng

60th Legislature | 1st Session | Daily Sitting #54

December 3, 2021

https://www.legnb.ca/en/webcasts/677?audiolang=eng

60th Legislature | 1st Session | Daily Sitting #55

December 7, 2021

60^th Legislature - 1^st Session

Bill No. 77 An Act to Amend the Electricity Act

Bill Type Government Bill

Status In Committee

Progression Timeline

First Reading
- November 10, 2021
  
  Introduced
Second Reading
- November 12, 2021
  
  Debated Passed
Standing Committee on Economic Policy
- November 25, 2021
  
  Discussed
- November 26, 2021
  
  Discussed
- November 30, 2021
  
  Discussed
- December 7, 2021
  
  Discussed Passed

https://www.legnb.ca/en/committees/3/standing-committee-on-economic-policy

Following second reading, Government Bills stand referred to the Committee of the Whole House, which is comprised of all Members of the House except for the Speaker. The Minister sponsoring the Bill, or the Government House Leader, is provided with the option to refer the Bill to one of three standing committees dedicated to the consideration of legislation of an economic, social or fiscal nature.

Committee Membership

Turner, Greg

Chair
Progressive Conservative Party
Moncton South

Carr, Jeff

Vice Chair
Progressive Conservative Party
New Maryland - Sunbury

Ames, Richard
Progressive Conservative Party
Carleton - York

Arseneau, Kevin
Green Party
Kent North

Austin, Kris
People’s Alliance
Fredericton - Grand Lake

Chiasson, Keith
Liberal Party
Tracadie-Sheila

Cullins, Ryan
Progressive Conservative Party
Fredericton - York

LeBlanc, Jacques
Liberal Party
Shediac - Beaubassin - Cap-Pelé

LePage, Gilles
Liberal Party
Restigouche West

Wetmore, Ross
Progressive Conservative Party
Gagetown - Petitcodiac

Wilson, Sherry
Progressive Conservative Party
Moncton Southwest

Recent Meetings

Meeting Date	Media
December 3, 2021
December 2, 2021
December 1, 2021
November 30, 2021
November 26, 2021	Agenda	Webcast
November 25, 2021	Agenda	Webcast
November 24, 2021	Agenda	Webcast
November 23, 2021	Agenda	Webcast
November 12, 2021	Agenda	Webcast
November 10, 2021	Agenda	Webcast

https://www.legnb.ca/en/webcasts/665?audiolang=eng

Standing Committee on Economic Policy - November 25, 2021

November 25, 2021

Ross Wetmore 1 hour 44 minutes

https://www.legnb.ca/en/webcasts/668

Standing Committee on Economic Policy - November 26, 2021

November 26, 2021

https://www.legnb.ca/en/webcasts/669?audiolang=eng

Standing Committee on Economic Policy - November 30, 2021

November 30, 2021

https://www.legnb.ca/en/webcasts/670?audiolang=eng

Standing Committee on Economic Policy - December 1, 2021

December 1, 2021

https://www.legnb.ca/en/webcasts/681?audiolang=eng

Standing Committee on Economic Policy - December 7, 2021

December 7, 2021

> Dear Ms. Mitchell,
>
> In relation to the Public Interest Hearing scheduled for Monday, November 15, 2021, please find attached correspondence on behalf of NB Power.
>
> For convenience, the link referred to in my correspondence is reproduced below:
>
> https://www.gnb.ca/legis/bill/pdf/60/1/Bill-77.pdf
> <https://www.gnb.ca/legis/bill/pdf/60/1/Bill-77.pdf>
>
> Regards,
>
> John
>
>
>
> John Furey
> Counsel
> McInnes Cooper
>
> tel +1 (506) 458 1628 | fax +1 (506) 458 9903 | mobile +1 (506) 282
> 0380
>
> Barker House, Suite 600
> 570 Queen Street
> PO Box 610 Fredericton, NB, E3B 5A6
>
> asst Nanette Phillips | +1 (506) 458 1629
>

1st Session, 60th Legislature
New Brunswick
69-70 Elizabeth II, 2020-2021

BILL 77
An Act to Amend the Electricity Act

Read first time: November 10, 2021

Read second time:

Committee:

Read third time:

HON. MIKE HOLLAND

Her Majesty, by and with the advice and consent of the Legislative
Assembly of New Brunswick, enacts as follows:

1. Section 1 of the Electricity Act, chapter 7 of the Acts of New
Brunswick, 2013, is amended

PART 1.1
HOLDING CORPORATION

Establishment, board of directors, officers and
employees

2.1(1) There is established a corporation with share
capital under the name New Brunswick Power Holding
Corporation consisting of those persons who compose
the board of directors.

TRANSITIONAL AND COMMENCEMENT DISPOSITIONS

No filing of strategic, financial and capital investment
plan

42 Despite subsection 101(1) of the Electricity Act, as
that subsection existed on September 1, 2021, the New
Brunswick Power Corporation shall not file a strategic,
financial and capital investment plan covering the period
of 10 fiscal years commencing on April 1, 2022,
and ending on March 31, 2032.

No application for rate approval

43 Despite subsection 103(1) of the Electricity Act, as
that subsection existed on September 1, 2021, the New
Brunswick Power Corporation shall not make an application
to the New Brunswick Energy and Utilities
Board for approval of the New Brunswick Power Corporation’s
schedules of rates it proposes to charge for
its services referred to in section 102 of that Act for the
fiscal year which commences on April 1, 2022.

Rates – 2022-2023 fiscal year

44(1) For the fiscal year which commences on April
1, 2022, the New Brunswick Power Corporation may
impose, across all rate classes, a uniform increase of
not more than 2% in the rates it charges for the services
referred to in section 102 of the Electricity Act
without making an application to the New Brunswick
Energy and Utilities Board for approval of the increase.

44(2) The New Brunswick Power Corporation shall
file new schedules of rates for its services referred to in
section 102 of the Electricity Act with the New Brunswick Energy and
Utilities Board within 30 days before
any increase in the rates is made under subsection (1).

44(3) When filing new schedules with the New
Brunswick Energy and Utilities Board in relation to
any increase in the rates under subsection (1), the New
Brunswick Power Corporation shall include in the
schedules the date the authorization was given by the
board of directors of the New Brunswick Power Corporation
to increase the rates.

44(4) For the purposes of the Electricity Act, an increase
in rates made under subsection (1) shall be
deemed to be approved by the New Brunswick Energy
and Utilities Board under Division B of Part 6 of that
Act.

45(1) Paragraphs 1(a), (b), (c), (d), (e) and (g) and
32(e) and sections 2 to 29, 34, 37, 40 and 41 of this Act
come into force on April 1, 2022.

45(2) Sections 42, 43 and 44 of this Act shall be
deemed to have come into force on September 1, 2021.

---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Wed, 24 Nov 2021 20:19:41 +0000
Subject: RE: EUB Matter 503 Methinks a lot of Anglos who voted for
your buddy Higgy may enjoy the Google translation of the only ethcal
soul to speak yesterday N'esy Pas Kris Austin???
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
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---------- Original message ----------
From: Margot Cragg <margot.cragg@umnb.ca>
Date: Wed, 24 Nov 2021 12:19:41 -0800
Subject: Auto-reply/Réponse automatique RE: EUB Matter 503 Methinks a
lot of Anglos who voted for your buddy Higgy may enjoy the Google
translation of the only ethcal soul to speak yesterday N'esy Pas Kris
Austin???
To: david.raymond.amos333@gmail.com

Thank you for your email. My last day at UMNB was May 11, 2021. It has
been a pleasure & privilege working for New Brunswick’s
municipalities.

* General questions: Contact info@umnb.ca or 506-444-2285
* New Executive Director: Contact Dan Murphy at dan.murphy@umnb.ca

Merci pour votre courriel. Mon dernier jour de travail à l'UMNB était le
11 mai 2021. Ce fut un plaisir et un privilège de travailler pour les
municipalités du Nouveau-Brunswick.

* Questions générales : Contactez info@umnb.ca ou 506-444-2285
* Nouveau directeur général : Contactez Dan Murphy à dan.murphy@umnb.ca

--
*Margot Cragg* Executive Director | Directrice générale
Union of the Municipalities of New Brunswick | Union des municipalités du
Nouveau-Brunswick
302-259 rue Brunswick St., Fredericton NB E3B 1G8 | Tel: (506) 444-2285 |
Cell: (506) 476-5641 | www.umnb.ca

---------- Original message ----------
From: "Fraser, Sean - M.P." <Sean.Fraser@parl.gc.ca>
Date: Wed, 24 Nov 2021 20:19:43 +0000
Subject: Automatic reply: EUB Matter 503 Methinks a lot of Anglos who
voted for your buddy Higgy may enjoy the Google translation of the
only ethcal soul to speak yesterday N'esy Pas Kris Austin???
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your message. This is an automated reply.
Facebook: facebook.com/SeanFraserMP
Twitter: @SeanFraserMP
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www.seanfrasermp.ca

Toll free: 1-844-641-5886

Please be advised that I am currently receiving an extremely high number of emails.

---------- Orginal message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Wed, 24 Nov 2021 20:30:50 +0000
Subject: RE: EUB Matter 503 Methinks a lot of Anglos who voted for
your buddy Higgy may enjoy the Google translation of the only ethcal
soul to speak yesterday N'esy Pas Kris Austin???
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email to the New Brunswick Energy and Utilities Board.

This is to acknowledge receipt of the information you have filed with
the Board.

La Commission de l’énergie et des services publics du
Nouveau-Brunswick vous remercie pour votre courriel.

Nous accusons réception de l’information que vous avez déposée auprès
de la Commission.

Sarah Thebeau
Administrative Assistant / Assistante administrative
(506) 658-2504 (Reception)
(506) 658-2711 (Direct)

Confidentiality Notice

This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
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your computer system and records. Thank you.

Avis de confidentialité

Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
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Il peut contenir des informations qui sont personnelles,
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ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
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interdite. Si vous recevez cette communication par erreur, veuillez
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-----Original Message-----
From: David Amos [mailto:david.raymond.amos333@gmail.com]
Sent: Wednesday, November 24, 2021 4:20 PM
To: NBP Regulatory <NBPRegulatory@nbpower.com>; Mitchell, Kathleen
<Kathleen.Mitchell@nbeub.ca>; louis-philippe.gauthier@cfib.ca;
david.sollows@gnb.ca; Gilles.volpe@libertyutilities.com;
Paul.Volpe@libertyutilities.com; dave.lavigne@libertyutilities.com;
Hoyt, Len <len.hoyt@mcinnescooper.com>;
jeffery.callaghan@mcinnescooper.com; rzarumba@ceadvisors.com;
gerald@kissnb.com; cstewart@stewartmckelvey.com;
hanrahan.dion@jdirving.com; john.furey@mcinnescooper.com; NBEUB/CESPNB
<General@nbeub.ca>; Dickie, Michael <Michael.Dickie@nbeub.ca>; Lawton,
John <John.Lawton@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>;
Ahmad.Faruqui@brattle.com; Cecile.Bourbonnais@brattle.com;
heather.black@gnb.ca; rdk@indecon.com; rrichard@nb.aibn.com;
sussexsharingclub@nb.aibn.com; margot.cragg@umnb.ca;
jeff.garrett@sjenergy.com; dan.dionne@perth-andover.com;
pierreroy@edmundston.ca; ray.robinson@sjenergy.com;
sstoll@airdberlis.com; pzarnett@bdrenergy.com;
leducjr@nb.sympatico.ca; lizkramer@hotmail.com;
mletson@lawsoncreamer.com; Katherine McBrearty
<Katherine.McBrearty@nbeub.ca>; DaMurphy@nbpower.com;
SWaycott@nbpower.com; George.Porter@nbpower.com; JPetrie@nbpower.com;
BCrawford@nbpower.com; mike.holland@gnb.ca; Ross.Wetmore@gnb.ca;
blaine.higgs@gnb.ca; Mike.Comeau@gnb.ca; hugh.flemming@gnb.ca; LEG
<megan.mitton@gnb.ca>; y <michelle.conroy@gnb.ca>; kris.austin@gnb.ca;
kevin.a.arseneau@gnb.ca; robert.mckee@gnb.ca; rob.moore@parl.gc.ca;
roger.l.melanson@gnb.ca; robert.gauvin <robert.gauvin@gnb.ca>;
Katie.Telford@pmo-cpm.gc.ca; nick.brown@gnb.ca; dan.murphy@umnb.ca;
bruce.fitch@gnb.ca; david.coon@gnb.ca; andre@jafaust.com;
oldmaison@yahoo.com; michelle.conoy@gnb.ca; Sean.Fraser
<Sean.Fraser@parl.gc.ca>; pm@pm.gc.ca; andrea.anderson-mason
<andrea.anderson-mason@gnb.ca>; jeff.carr <jeff.carr@gnb.ca>;
John.Williamson <John.Williamson@parl.gc.ca>; jcarpay
<jcarpay@jccf.ca>; premier <premier@gov.ab.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>; steve.murphy
<steve.murphy@ctv.ca>; sheilagunnreid <sheilagunnreid@gmail.com>;
Robert. Jones <Robert.Jones@cbc.ca>; Newsroom
<Newsroom@globeandmail.com>
Subject: RE: EUB Matter 503 Methinks a lot of Anglos who voted for
your buddy Higgy may enjoy the Google translation of the only ethcal
soul to speak yesterday N'esy Pas Kris Austin???

NEW BRUNSWICK ENERGY and UTILITIES BOARD COMMISSION DE L’ENERGIE ET
DES SERVICES PUBLICS N.-B.
Matter 503

NB Power Application for a variance of a decision
Demande d’Energie NB pour une modification d’une décision

Held via Videoconferencing, on November 23, 2021.

DR. RICHARD: Mr. President, NB Power wants to delay its request
electricity tariff for a few more months. Now we know that NB Power's
mandate will change. In addition to duty to provide electricity in a
safe, constant manner and at a price which corresponds to the expenses
incurred for the production, transmission and distribution, it must
now make a profit.
This in order to reduce his debt. One of the reasons NB Power has
justified the importance of the smart meters project was to prevent
construction of another power plant in 2027. So for to produce more
electricity and make a profit, we will have to build new plants and,
to make matters worse, these power plants will be mini nuclear power
plants. To make profit, NB Power will have to sell more electricity
outside to Americans. To make a profit, it will be necessary to
increase the rates of electricity for the people of NB at a higher
level than with the old law. NB Power debt exists because of bad
decisions of the past. The Pointe Lepreau nuclear power plant would
not have never had to be built or renovated. What to think of the
smart project meters, or the renovation of the hydropower plant in
Mactaquac? Minister Mike Holland says NB Power is not at sell, but are
the transmission lines to the States United are for sale? There are
many other reasons like JOY Entertainment. NB Power needs these few
months to redo his calculations. If this delay is not granted, NB
Power will have to be satisfied for the year 2022/2023 with what was
planned by the former law. So for the people of NB, it is to their
advantage not to grant this delay to NB Power. Maybe we'll wake up
sufficiently before the next request for a price increase to change
this new government directive. Thank you Mr.
president and dear fellow citizens.
ACTING CHAIRPERSON: So if I understand your argument correctly Dr.
Richard, it's that you are against NB Power's request to grant the
deadline until March 31 2022.
DR. RICHARD: Yes, that gives us time to think.
ACTING CHAIRPERSON: Content of the bill that was tabled in front of
the legislative chamber which has been identified here as exhibits
6.01. I do not know if you have read this project law there.
DR. RICHARD: Yes. I read it a bit quickly. But we change the mandate
from NB Power.
ACTING CHAIRPERSON: I don't know if you've seen the inside of the bill
that is not yet a law and that is still before assembly. There is a
provision within the law which makes so that the rate will be
determined for the fiscal year or the 2022-2023 fiscal year at 2% and
NB Power will not have to file an application to have these rates
approved by the commission. I don't know if it changes your idea or it
changes your position relative to demand. And then, as I put the
Maitre Furey question earlier whether there was a prejudice to the
cooperation of filing an application before us and then the public
speaker told us that if it was at happen, that it may be having some
lying money to spend for nothing if the bill is approved by the
assembly legislative. I don't know if it changes your idea or not or
if you are still in the opinion that the commission should not grant
NB Power's demand.
DR. RICHARD: Mr. President, I think we shouldn't grant the request to
Energie NB because during these procedures that there will be, there
will be more explanation of Bill 77. There will be no more argument
against Bill 77. I think we are losing this moment of discussion. It
would be a shame in the public interest.
ACTING CHAIRPERSON:
DR. RICHARD: Merci, Mr. President.
ACTING CHAIRPERSON: Merci, Dr. Richard. Mr. Stoll?
MR. STOLL: Thank you, sir. I am going to be pretty brief. We heard
what Mr. Furey said. Our letter was written obviously before we
became aware of what was in Bill-77. I think the provisions are
pretty clear. I would make a couple comments. I think the kind of
dedication of resources to a proceeding that would be for not if the
bill is passed is not in the public interest to go through that. So I
would agree with Mr. Furey’s position on this.
I would just broaden it out. It is not just the company’s resources.
I think it is the interveners’ resources. Mr. Stewart usually
participates. Certainly my clients expend resources internally and
externally to participate in this proceedings. And these are
significant expenditures to those parties. Certainly Dr. Richard
shows up. So I think it goes beyond just the company’s resources that
would -- and even the Board’s resources. I guess to use the phrase,
it would be an opportunity cost for certain resources that could be
doing other, more productive work if this work was ultimately for not.
And those are really the submissions we have. I think the bill
addressed a couple of the concerns we had raised in our letter about
the stability and other things, by the provisions in section 44. So
those are our comments. I will take any questions you or the other
panel members may have.
ACTING CHAIRPERSON: Thank you, Mr. Stoll. I think you make a good
point that I think the focus of the decision with the applicant was
mainly on NB Power, but I think your point is well taken that the
interveners have to expend some resources and that may be significant
and --if the Board was to order a filing of a GRA. Mr. Herron, any
questions for Mr. Stoll?
MR. HERRON: No, sir. I would echo your comments that you just made
is that there are significant resources that would be allocated to all
participants, including the Board, where energies and resources could
be better spent. Thank you.
ACTING CHAIRPERSON: Mr. Costello, any questions for Mr. Stoll?
MR. COSTELLO: No questions, Mr. Chair. Thank you.
ACTING CHAIRPERSON: Thank you. Ms. Black?
MS. BLACK: Thank you, Mr. Chair. I will be brief as well. Just to
reiterate my written comments which I will say that I hold those views
even more strongly now that I have seen the text of Bill-77. And I
certainly support the comments made this morning by Mr. Furey and Mr.
Stoll. So those are my comments.
ACTING CHAIRPERSON: Thank you, Ms. Black. Mr. Costello, Any
questions for Ms. Black?
MR. COSTELLO: No question, Mr. Chair. Thank you.
ACTING CHAIRPERSON: And Mr. Herron?
MR. HERRON: No questions. Thank you.
ACTING CHAIRPERSON: Thank you. Thank you for those submissions, Ms.
Black. Mr. Stoll, anything further for the Board’s consideration?
MR. LETSON: I am sorry, Mr. Chair. I don’t believe we have heard
from Mr. Stewart.
ACTING CHAIRPERSON: The reason why we haven’t heard from Mr.
Stewart is because he hasn’t filed any oral submissions, and that is
the reason why I haven’t asked him any questions.
MR. LETSON: Fair. I apologize for interrupting.
ACTING CHAIRPERSON: No, not a problem. Unless Mr. Stewart, you have
anything to say on the issue?
MR. STEWART: And your point is well taken, Mr. Chair, we did not file
submissions. I don’t have any particular submissions on the merits.
I am here just sort of observing the proceeding today and listening to
the parties’ comments.
I guess I did have one question though, and maybe Mr. Furey
can enlighten us a bit on, as I was listening to the exchange between
Mr. Herron and Mr. Furey about, you know, is there a stay sine die or what
have you. And my question is just this, is whether Mr. Furey is in a
position to share what might be the potential effect of the order that
he is seeking a variance I think on a transition or an interim basis
because of Bill-77 on future rate applications. Clearly even Bill-77
envisions, you know, future rate applications to the Board, and, you
know, does the scope of the variance mean that the Board’s direction
to file, you know, by first Wednesday in each October would still be
applicable to future rate applications even if the Act is amended in
the way that it is anticipated it may be?
ACTING CHAIRPERSON: So I don’t know if Mr. Furey is still there.
What I will do, Mr. Stewart, is we will address that question once I
go back to Mr. Furey for his last comments, and I am pretty sure he is
going to address that question to you.
Mr. Stoll, anything further for the Board’s consideration?
MR. STOLL: I have nothing further, sir.
ACTING CHAIRPERSON: Thank you. Dr. Richard, est-ce que vous avez
d’autres choses que vous voudriez -- que vous aimerais la Commission
prenne en considération?
DR. RICHARD: Non, M. le Président.
ACTING CHAIRPERSON: So Mr. Stewart, your lucky day today, anything
further for the Board’s consideration?
MR. STEWART: Nothing. Thank you.

---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Wed, 24 Nov 2021 19:09:10 +0000
Subject: RE: EUB Matter 503 Methinks David Coon and the LIEbranos
should do something about your dubious Bill 77 ASAP N'esy Pas Higgy???
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre P.O Box/C. P. 6000
Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1 Canada Tel./Tel. :
(506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>

---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Wed, 24 Nov 2021 19:21:13 +0000
Subject: RE: EUB Matter 503 Methinks David Coon and the LIEbranos
should do something about your dubious Bill 77 ASAP N'esy Pas Higgy???
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email to the New Brunswick Energy and Utilities Board.

This is to acknowledge receipt of the information you have filed with
the Board.

La Commission de l’énergie et des services publics du
Nouveau-Brunswick vous remercie pour votre courriel.

Nous accusons réception de l’information que vous avez déposée auprès
de la Commission.

Sarah Thebeau
Administrative Assistant / Assistante administrative
(506) 658-2504 (Reception)
(506) 658-2711 (Direct)

Confidentiality Notice

This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.

Avis de confidentialité

Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.

-----Original Message-----
From: David Amos [mailto:david.raymond.amos333@gmail.com]
Sent: Wednesday, November 24, 2021 3:09 PM
To: NBP Regulatory <NBPRegulatory@nbpower.com>; Mitchell, Kathleen
<Kathleen.Mitchell@nbeub.ca>; louis-philippe.gauthier@cfib.ca;
david.sollows@gnb.ca; Gilles.volpe@libertyutilities.com;
Paul.Volpe@libertyutilities.com; dave.lavigne@libertyutilities.com;
Hoyt, Len <len.hoyt@mcinnescooper.com>;
jeffery.callaghan@mcinnescooper.com; rzarumba@ceadvisors.com;
gerald@kissnb.com; cstewart@stewartmckelvey.com;
hanrahan.dion@jdirving.com; john.furey@mcinnescooper.com; NBEUB/CESPNB
<General@nbeub.ca>; Dickie, Michael <Michael.Dickie@nbeub.ca>; Lawton,
John <John.Lawton@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>;
Ahmad.Faruqui@brattle.com; Cecile.Bourbonnais@brattle.com;
heather.black@gnb.ca; rdk@indecon.com; rrichard@nb.aibn.com;
sussexsharingclub@nb.aibn.com; margot.cragg@umnb.ca;
jeff.garrett@sjenergy.com; dan.dionne@perth-andover.com;
pierreroy@edmundston.ca; ray.robinson@sjenergy.com;
sstoll@airdberlis.com; pzarnett@bdrenergy.com;
leducjr@nb.sympatico.ca; lizkramer@hotmail.com;
mletson@lawsoncreamer.com; Katherine McBrearty
<Katherine.McBrearty@nbeub.ca>; DaMurphy@nbpower.com;
SWaycott@nbpower.com; George.Porter@nbpower.com; JPetrie@nbpower.com;
BCrawford@nbpower.com; mike.holland@gnb.ca; Ross.Wetmore@gnb.ca;
blaine.higgs@gnb.ca; Mike.Comeau@gnb.ca; hugh.flemming@gnb.ca; LEG
<megan.mitton@gnb.ca>; y <michelle.conroy@gnb.ca>; kris.austin@gnb.ca;
kevin.a.arseneau@gnb.ca; robert.mckee@gnb.ca; rob.moore@parl.gc.ca;
roger.l.melanson@gnb.ca; robert.gauvin <robert.gauvin@gnb.ca>;
Katie.Telford@pmo-cpm.gc.ca; nick.brown@gnb.ca; dan.murphy@umnb.ca;
bruce.fitch@gnb.ca; david.coon@gnb.ca; andre@jafaust.com;
oldmaison@yahoo.com; michelle.conoy@gnb.ca; Sean.Fraser
<Sean.Fraser@parl.gc.ca>; pm@pm.gc.ca; andrea.anderson-mason
<andrea.anderson-mason@gnb.ca>; jeff.carr <jeff.carr@gnb.ca>;
John.Williamson <John.Williamson@parl.gc.ca>; jcarpay
<jcarpay@jccf.ca>; premier <premier@gov.ab.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>; steve.murphy
<steve.murphy@ctv.ca>; sheilagunnreid <sheilagunnreid@gmail.com>;
Robert. Jones <Robert.Jones@cbc.ca>; Newsroom
<Newsroom@globeandmail.com>
Subject: Re: EUB Matter 503 Methinks David Coon and the LIEbranos
should do something about your dubious Bill 77 ASAP N'esy Pas Higgy???

---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Thu, 11 Nov 2021 02:32:12 +0000
Subject: RE: RE NB Power and EUB Matter 503 Methinks David Coon and
the LIEbranos should remind Higgy and the mindless Mr Furey that the
Fat Lady aint sung about the dubious Bill 77 yet N'esy Pas???
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre
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NEW BRUNSWICK ENERGY and UTILITIES BOARD
COMMISSION DE L’ENERGIE ET DES SERVICES PUBLICS N.-B.
Matter 503

NB Power Application for a variance of a decision
Demande d’Energie NB pour une modification d’une décision

Held via Videoconferencing, on November 23, 2021.

Henneberry Reporting Service
INDEX
Exhibits
NBP
01.01 - Application for Extension of Time to file GRA (REDACTED)
01.02 - Affidavit of Darren Murphy in support of Application
01.03C - Application for Extension of Time to file GRA (CONFIDENTIAL)
- See NBP 05.01
02.01 - NB Power Application for Stay - September 17 2021
03.01 - NB Power Affidavit of Publishing
04.01 - NB Power Response to Intervener Submissions
05.01 - Application for Extension of Time to file GRA - NON-REDACTED
version of NBP 01.03C
06.01 - Bill-77

PI
01.01 - Public Intervener - Submission - REDACTED
01.02C - Public Intervener - Submission - CONFIDENTIAL - See PI 02.01
02.01 - Public Intervener - Submission - Non Redacted

RR
01.01 - Dr. Richard - Soumission
01.02 - Dr. Richard - Submission
UM
01.01 - Utilities Municipal - Submission

NEW BRUNSWICK ENERGY and UTILITIES BOARD
COMMISSION DE L’ENERGIE ET DES SERVICES PUBLICS N.-B.
Matter 503

NB Power Application for a variance of a decision
Demande d’Energie NB pour une modification d’une décision

Held via Videoconferencing, on November 23, 2021.

Members of the Board:
Mr. Francois Beaulieu - Acting Chairperson
Mr. John Herron - Member
Mr. Michael Costello - Member
Counsel to Board Staff - Mr. Matthew Letson
Board Staff: Mr. David Young
Ms. Veronique Otis
General Counsel - Ms. Katherine McBrearty
............................................................
ACTING CHAIRPERSON: Good morning, everyone. This is an application
by New Brunswick Power Corporation for an Order varying the Board’s
decision of July 16, 2019 in accordance with Section 43 of the Energy
and Utilities Board and Rules 8.1.1 and 1.2.5 of the Rules of
Procedure.
Il s’agit d’une demande de la Société d’Energie du
Nouveau-Brunswick d’une ordonnance modifiant la décision de la
Commission du 16 juillet 2019 conformément à l’article 43 de la loi
sur la Commission de l’Energie et des services publics et des règles
8.1.1 et 1.2.5 des Règles de procédure.
The panel this morning consists of myself, Francois Beaulieu and I am
joined by Michael Costello and John Herron.
Le comité de ce matin est composé de moi-même, François Beaulieu
et je suis accompagné des membres Michael Costello et puis John
Herron.
As this application is being conducted by videoconference I would
like to remind everyone participating of the following guidelines.
First of all, a hard-wired internet connection is preferable. The
use of headphones with integrated microphone is encouraged, as the
sound is clearer and it is much clearer for the interpreters and the
court stenographer. I would ask you to mute your microphones when you
are not speaking to eliminate background noises. Don’t forget to plug
in your electronic devices. And once you are asked to speak, please
activate your cameras and unmute your devices. And once you -- and
please mute them once you are not asked to speak.
As this application is open to the general public and the media,
we ask these individuals to mute and disable your cameras.
Simultaneous translation is available at the bottom of your screen by
clicking on the icon Interpretation and you just select the
appropriate language that you require.
Étant donné que cette demande est menée par vidéoconférence,
j’aimerais rappeler à tous les participants les directrices suivantes.
Une connexion internet câblée est préférable. L'utilisation
d'écouteurs avec microphone intégré est encouragée, car le son est
plus clair. Notamment pour les interprètes et puis pour le
sténographe.
Coupez le son de vos microphones lorsque vous ne parlez pas pour
éliminer le bruit de fond. N'oubliez pas de brancher vos appareils
électroniques.
Il est nécessaire d'activer votre caméra et de réactiver le son de
votre appareil avant de parler. Lorsque vous avez fini de parler,
désactivez à nouveau votre microphone pour réduire le bruit de fond
pendant que les autres participants parlent lorsque vous avez fini de
parler. Cette application est ouverte au grand public et aux médias,
donc nous demandons à ces personnes de couper votre son et de
désactiver votre caméra. La traduction simultanée est disponible en
bas de votre écran en cliquant sur le globe interprétation et en
sélectionnant la langue appropriée.
So I will start taking the appearances starting with NB Power Corporation.
MR. FUREY: Good morning, Mr. Vice-Chair, John Furey. I am
accompanied this morning by Mr. Darren Murphy, Jessica Gagnon and I
believe Mr. Waycott is -- while he is not in the room with me, I
believe he is online.
ACTING CHAIRPERSON: Good morning, Mr. Furey.
MR. FUREY: Good morning.
ACTING CHAIRPERSON: Mr. Gerald Bourque? Mr. Bourque is not here.
Anyone from the Department of Natural Resources and Energy
Development? No one is here. J.D. Irving, Limited? No one is here.
Liberty Utilities LP? I will just wait a few minutes. I just notice
that Mr. Stewart just --
MR. STEWART: Sorry.
ACTING CHAIRPERSON: No problem, Mr. Stewart. I was just -- so are
you representing JDI?
MR. STEWART: I am, thank you.
ACTING CHAIRPERSON: Okay, good morning, Mr. Stewart.
MR. STEWART: Good morning.
ACTING CHAIRPERSON: And I am at Liberty Utilities LP? So no one is
here from Liberty Utilities. Dr. Richard, Roger Richard?
DR. RICHARD: Oui, je suis ici.
ACTING CHAIRPERSON: Bon matin, Dr. Richard.
DR. RICHARD: Bon matin.
ACTING CHAIRPERSON: Utilities Municipal?
MR. STOLL: Good morning, Mr. Vice-Chair, Scott Stoll and I believe
Mr. Garrett is with me.
ACTING CHAIRPERSON: Good morning, Mr. Stoll. The Public Intervener?
MS. BLACK: Good morning, Mr. Chair, Heather Black.
ACTING CHAIRPERSON: Good morning, Ms. Black. And New Brunswick
Energy and Utilities Board?
MR. LETSON: Good morning, Mr. Chair, Matthew Letson on behalf of
Board Staff. I am joined by Dave Young and Veronique Otis. And
Katherine McBrearty, legal counsel to the Board is on the line as
well, I believe.
ACTING CHAIRPERSON: Good morning, Mr. Letson. Just a couple of
preliminary issues before we start the session or the hearing this
morning. Mr. Furey, just for the record, I was reading the Rules of
Procedure, I guess in preparation of this application, and I am just
wondering if you can confirm that your client has complied with rules
8.2.3 and 8.2.6? So essentially those two rules require that a copy
of the direction on the procedure on all the parties to the original
proceeding has been served on them?
MR. FUREY: If you are referring, Mr. Chair, to the videoconference
rules, I have not done that. I have not circulated that. That was
circulated by the Board. Are you referring to something else?
ACTING CHAIRPERSON: No, I am referring to the notice, Mr. Furey.
So your affidavit of publication basically said that you have posted
the notice on the NB Power website and I am just wondering if you
complied with 8.2 and you essentially -- if you served that notice on
the parties of the original proceeding.
MR. FUREY: I am going to have to check, Mr. Vice-Chair, because I
did not do so but if you could give me a
moment, I will check with Ms. Gagnon.
ACTING CHAIRPERSON: Okay, thank you.
MR. FUREY: So, Mr. Vice-Chair, I can confirm that there was
compliance with the publication requirements but I do not believe that
there was anything additional served on parties following that.
ACTING CHAIRPERSON: So do you see any issues, Mr. Furey, if we
proceed with the application this morning, if that wasn’t done?
Because it was ordered in the order.
MR. FUREY: I don’t see any issues, Mr. Vice-Chair. All of the
parties to Matter 430, Matter 458 were provided with notice of the
application. They have continued to receive communication both from
the Board, Board Staff, myself as to this hearing, all of the issues
that remain outstanding, so I don’t see how anyone would be prejudiced
by that.
ACTING CHAIRPERSON: And what about rule 8.2.6, where it requires
your client to file with the Board a copy of any reply which you have
done and serve a copy of that reply on all the parties, has that been
done?
MR. FUREY: That has been done.
ACTING CHAIRPERSON: Okay. So maybe I will just kind of visit all
the parties, Mr. Furey, regarding the first aspect of my question
regarding 8.2 and if there is no issues with the parties, I think we
can proceed with the application this morning.
So Mr. Stewart, do you see any issues regarding the noncompliance of
the utility regarding .2 .3?
MR. STEWART: Well, my Lord -- Mr. Chair, excuse, me I have been in
court too much these days. I don’t -- it is not my application so I
don’t know -- but I certainly have no objection to us proceeding even
if there has been some technical noncompliance, as Mr. Furey
described.
ACTING CHAIRPERSON: Okay, thank you. Dr. Richard, est-ce que vous
avez un problème relativement à l’Energie Nouveau-Brunswick qui n’a
pas conformer avec la règle 8.2 qui était de signifier les
instructions ou ordonnances à toutes les parties de l’instance
initial.
DR. RICHARD: Non, j’ai aucun problème.
ACTING CHAIRPERSON: Okay, merci. Mr. Stoll, any issues?
MR. STOLL: No objection.
ACTING CHAIRPERSON: Okay. And Ms. Black, any issues?
MS. BLACK: No issues, Mr. Chair.
ACTING CHAIRPERSON: And Mr. Letson, any issues?
MR. LETSON: No, Mr. Chair, Board Staff are satisfied.
ACTING CHAIRPERSON: So being no issues, I think as Mr. Furey has
mentioned, the notice was on the utility’s website and communication
since the beginning has been done by either the Board and NB Power to
all of the parties. I think even though that -- like Mr. Stewart said
that there was a technical noncompliance, I think we are okay to
proceed with the application this morning.
I am going to ask the same question though however to -- there is
another aspect to the rule that requires the interested person who has
submitted oral submissions in this application, they are required to
essentially serve their submissions on the other parties, so Mr.
Stewart, I think your client hasn’t submitted any submissions, so that
is not applicable to your client.
Dr. Richard, Dr. Richard, est-ce que vous avez signifié vos arguments
à toutes les parties conformément à la règle 8.2.4?
DR. RICHARD: Mes arguments écrit?
ACTING CHAIRPERSON: Oui, c’est ça. Est-ce que vos arguments écrit
ont été distribuer à toutes les parties.
DR. RICHARD: Oui, de ce que je crois.
ACTING CHAIRPERSON: Okay. And Mr. Stoll?
MR. STOLL: We did serve our letter dated October 21st on the
distribution list that was used for this proceeding.
ACTING CHAIRPERSON: Okay. Thank you. And Ms. Black?
MS. BLACK: Yes, I confirm I did the same.
ACTING CHAIRPERSON: Okay, thank you. So the Board has issued
direction on September 29th 2021 on the procedure of this application
which included allowing interested parties to make written submissions
on the merits of varying the Board decision in Matter 430. It also
provides NB Power an opportunity to reply to all submissions which the
utility did.
La commission a émis des instructions le 29 septembre 2021
relativement en formalité de procédure qui incluent des données aux
personnes intéressées l’occasion de faire des présentations écrites
sur le fond de modifier l’ordonnance de la commission a l’instance
430. De plus, Energie NB a été accorder la possibilité de répondre à
la salle des arguments.
So Mr. Furey, there are several documents that your client has filed
with us for the Board’s consideration. Do you wish to have these
documents marked for the purpose of this application?
MR. FUREY: Sorry, Mr. Vice-Chair, I lost part of your audio, were
you directing that question to me?
ACTING CHAIRPERSON: Yes, I was. So essentially there are several
documents that have been filed by your client for the Board’s
consideration, and I am just wondering if you want us to mark these
documents as exhibits for the Board’s consideration?
MR. FUREY: Yes, thank you, Mr. Vice-Chair. I believe that all of
the application documents have been marked already up to and including
5.01. And I would ask that those be formally entered. They are on
the Board’s website as such. The only additional document that has
been filed is the draft of Bill-77. When I notified the Board and
parties on November 10th that that bill had been introduced that day,
I provided a link to the bill, but I filed with the Board yesterday a
PDF copy, and I would ask that that be marked as well.
ACTING CHAIRPERSON: Do you want us to mark -- I will first mark the
documents that was on the website which hasn’t been introduced yet, so
those documents starting by NBP 1.01 to 5.05 will be marked as
exhibits in this proceeding.
And with respect to the bill, Mr. Furey, it is a piece of
legislation. I am just wondering if you are just going to refer to
it, would it be preferable just to mark it for identification instead
of marking it as an exhibit?
MR. FUREY: Well I think -- I mean my preference is to have it
marked as an exhibit, Mr. Vice-Chair. Certainly once legislation is
passed, we don’t need to mark it. It is simply referred to in
argument. In this case, we are asking the Board to take notice under
section 35 of the Energy and Utilities Board Act that this draft bill
has been introduced. There is always the possibility, remote though
it may be, that the bill doesn’t pass and in particular, the provision
that we are relying on doesn’t pass, but the existence of the draft
bill having been introduced and received second reading on the 12th of
November is something we are asking the Board to take notice of. So I
do think it is appropriate to mark it, but if the Board wants to mark
it for identification, probably not much turns on it.
ACTING CHAIRPERSON: Just before, I just noticed that I marked the
exhibit before asking if there was any objections by the parties
regarding your exhibits and maybe at the same time, the parties could
address that issue if the Board -- if there is any objections that the
Board marks the Bill-77 dated -- as part of the exhibits in this
proceeding.
So Mr. Stewart, any objections regarding the exhibits 1.01 to
5.05, any objections regarding the Bill-77 that the Board marks that
also as an exhibit in this proceeding?
MR. STEWART: No objections, Mr. Chair.
ACTING CHAIRPERSON: Thank you. Dr. Richard, aucune objection à ce
que les exhibe 1.01 à 5.05 et puis le projet 377 soit identifier comme
exhibe dans cette procédure?
DR. RICHARD: non, j’ai aucune objection.
ACTING CHAIRPERSON: Okay. And Mr. Stoll?
MR. STOLL: No objection.
ACTING CHAIRPERSON: Thank you. Ms. Black?
MS. BLACK: No objections.
ACTING CHAIRPERSON: And Mr. Letson?
MR. LETSON: No objection, Mr. Chair.
ACTING CHAIRPERSON: Okay. I stated earlier NBP 1.01 to 1.05 will
be marked as exhibits and the Bill-77 will be marked as NBP 6.01.
And Ms. Black, I also noticed that you have a couple of documents
that have been filed. Do you want these documents to be marked also?
MS. BLACK: Yes. Thank you, Mr. Chair.
ACTING CHAIRPERSON: So Mr. Furey, any objections that the Board
marks the three documents that have been filed by the PI?
MR. FUREY: No objection, Mr. Vice-Chair.
ACTING CHAIRPERSON: Mr. Stewart?
MR. STEWART: None.
ACTING CHAIRPERSON: Dr. Richard, aucun objection?
DR. RICHARD: Non, pas d’objection
ACTING CHAIRPERSON: And Mr. Stoll?
MR. STOLL: No objection.
ACTING CHAIRPERSON: So the three documents starting with PI 1.01 to
2.01 will be marked as exhibits. So Dr. Richard has filed two
documents. Any objections that these be marked as exhibits, Mr.
Furey?
MR. FUREY: None.
ACTING CHAIRPERSON: Mr. Stewart?
MR. STEWART: Sorry, no objection.
ACTING CHAIRPERSON: Thank you. Mr. Stoll?
MR. STOLL: No objection.
ACTING CHAIRPERSON: Ms. Black?
MS. BLACK: No objection.
ACTING CHAIRPERSON: And Mr. Letson?
MR. LETSON: No, Mr. Chair.
ACTING CHAIRPERSON: So these two documents that were filed by Dr.
Richard will be marked as RR 1.01 and RR 1.02. And Utilities
Municipal has filed one document, which is their submissions. Any
objections regarding that being marked as an exhibit, Mr. Furey?
MR. FUREY: No objection, Mr. Vice-Chair.
ACTING CHAIRPERSON: Mr. Stewart?
MR. STEWART: None.
ACTING CHAIRPERSON: Dr. Richard?
DR. RICHARD: Aucun.
ACTING CHAIRPERSON: Ms. Black?
MS. BLACK: No objection.
ACTING CHAIRPERSON: And Mr. Letson?
MR. LETSON: No objection.
ACTING CHAIRPERSON: So that will be marked UM 1.01. So Mr. Furey,
just maybe before we start hearing your submissions, is there any
preliminary issues before hearing your oral submissions?
MR. FUREY: I believe we have dealt with all of them, Mr. Vice-Chair.
ACTING CHAIRPERSON: Okay. Thank you. And Mr. Stewart, any
preliminary issues that the Board should be dealing with before
hearing these submissions? Yes, I think you are muted, Mr. Stewart.
MR. STEWART: Sorry. I don’t believe so.
ACTING CHAIRPERSON: Okay. Thank you. Dr. Richard, est-ce qu’il y
a des questions préliminaires qui devraient être attendu par nous
avant de procéder aux arguments des parties?
DR. RICHARD: Non, tout est correct.
ACTING CHAIRPERSON: Okay. Merci. Mr. Stoll, any preliminary issues?
MR. STOLL: No issues.
ACTING CHAIRPERSON: Ms. Black, any preliminary issues?
MS. BLACK: No, nothing. Thank you.
ACTING CHAIRPERSON: Thank you. And Mr. Letson, any preliminary issues?
MR. LETSON: No issues, Mr. Chair. Thank you.
ACTING CHAIRPERSON: Okay. Thank you. So the Board will hear from
the parties, starting with the applicant, which is NB Power
Corporation followed by the participants who had filed oral
submissions only. And once the Public Intervener has provided her
arguments, we will go in the reverse order if there any additional
submissions that the parties would like to bring to the Board’s
attention.
La commission va entendre les parties, commencer par Energie NB
suivi par des participants et d’un droit à des présentations
supplémentaires dans l’ordre inverse une fois que l’intervenant
publique aura présenter sa présentation et sera suivi par Energie NB.
So Mr. Furey, if you are ready, the Board will hear your oral submissions.
MR. FUREY: Thank you, Mr. Vice-Chair. As the Board knows, this is
a request for a variance of the Board’s order dated July 16th 2019 in
Matter 430. At that time, the Board issued a blanket direction to NB
Power that general rate applications were to be filed by the first
Wednesday in each year. And specifically, the request in paragraph 5
of the application relates to the 22-23 fiscal year and the request is
that the date for filing be extended to a date not later than March
31st 2022.
And the basis is relatively simple. At the time the application was
filed, in paragraph 3, NB Power indicated that it has been advised by
government of government’s intention to introduce legislation in the
fall session of the Legislative Assembly that would materially affect
the filing requirement for the 22-23 fiscal year.
That paragraph, at one time, had been the subject for claim of
confidentiality that was withdrawn with the introduction on November
10th of Bill-77 which has now been introduced as evidence before the
Board.
And while there are some measures in that bill that will affect
general rate applications going forward, specific to the 22-23 fiscal
year, there is a transitional provision in section 43 of the bill that
removes the requirement to file a GRA for the 22-23 fiscal year.
And as I indicated earlier, I believe -- I haven’t check the
Legislative Assembly website this morning, but as of yesterday, the
bill had received second reading on November 12th and that is the
current status.
NB Power’s basic submission is that with the introduction of the
legislation, it is really -- there really can be no dispute that that
represents a change in circumstance since the Board’s order of July
2019. And that variance or that change in circumstance justifies a
variance of the order in accordance with rule 8.1.1.
Once passed, this legislation will remove the requirement to file the
22-23 GRA, and that would render the Board’s previous order, with
respect to the 22-23 fiscal year only, it would render that order
moot. And so for that reason, it is -- not that the Board needs to
decide it today, but it is NB Power’s view that once the legislation
is passed and receives Royal Assent, no further action is required by
the Board with respect to a 22-23 GRA, because there simply won’t be
one.
But given that the bill is still draft, has not received third
reading and Royal Assent, it is appropriate for the Board today to
grant the original request to extend the filing date to a date no
later than March 31st 2022. And the sole purpose for that is to allow
the board to retain jurisdiction in the event that the legislation
does not pass and in particular if section 43 does not pass.
So those are our submissions, Mr. Vice-Chair, subject to any
questions the Board may have.
ACTING CHAIRPERSON: Thank you. Mr. Furey. Mr. Costello, do you
have any questions for Mr. Furey?
MR. COSTELLO: No, I do not, Mr. Chair. Thank you.
ACTING CHAIRPERSON: Thank you. And Mr. Herron, do you have any
questions for Mr. Furey?
MR. HERRON: I do have a set of questions that I would also like to
seek Mr. Furey’s comments to, if you will. Good morning, Mr. Furey.
MR. FUREY: Good morning, Mr. Herron.
MR. HERRON: So just at the highest of levels, this is just a
comment is that we are always -- as a regulatory body, we are
empowered and limited by the legislation that has been entrusted to
this particular Commission and those are the bills that are duly
passed. And I suspect I will get no argument on that point from you
in any shape, way or form.
MR. FUREY: No, no argument. I agree with that.
MR. HERRON: Okay. Having said that is that, as you stated, is that
there is an abundance of new fact with the tabling of the legislation
that is before the legislature at this point. So again is that maybe
taking in the moniker of above all, do no harm. If I could ask Ms.
Cyr to pull up the Public Intervener’s submission. I believe that
would be 2.0. Yes, 2.0, 2.01.
ACTING CHAIRPERSON: So, Ms. Cyr, I think Mr. Herron is referring to
the PI’s 2.01, not NB Power’s.
MR. HERRON: That is right. Thank you. And I believe that this
would be the one that is not redacted, if we could scroll up, Ms. Cyr.
That will work, very good. Okay. The reason why I brought this up,
Mr. Furey, is that ultimately is that a corner stone of the work that
we do is that we want to take actions that are always in the public
interest and making sure that we don’t ask the utility to take on
tasks that are expensive and ultimately not in the public interest. I
would like to have your comments in particular with respect to Ms.
Black’s submissions starting at paragraph 4 and particularly landing
at paragraph 8. In terms of the -- if we were to ask the utility to
continue to proceed to file, would it be fair to say that, at this
point, you are not in a position to file in the former fashion if we
were to order it any time too soon?
MR. FUREY: If the Board were to order a filing, if it were to
indicate that that were its intent, I would make supplementary
submissions that the utility would need additional time to do so, in
any event, because it is simply not prepared to file -- there is not
an application ready to be filed tomorrow.
And, you know, referring to the Public Intervener’s submissions,
those submissions I think do a very good job summarizing the public
interest in this particular request. And of course, those submissions
were made at a time when the Public Intervener, all of the parties,
were not aware of the specific provisions of the legislation. Of
course now we know we have section 43 which actually removes the
requirement to file a general rate application for the 22-23 fiscal
year.
So in that factual circumstance, the Public Intervener’s submissions,
I would suggest, are enhanced. She doesn’t just say she doesn’t
object. She says it is in the public interest to grant the
application, and I agree with that. It is not in the public interest
to require the utility to expend time, effort and money in preparing
an application that there is an exceptionally high likelihood will not
be required by virtue of section 43. The only risk is that somehow
through the legislative process, either the bill doesn’t pass or
section 43 is removed prior to passage, and that there is an ongoing
requirement. And that is why I suggest that the Board retain
jurisdiction in the fashion that I have suggested by simply granting
the order as requested, and that would allow the Board to subsequently
order a filing if that were to take place. But it is in the
circumstance of a majority government in the legislature, I would
suggest that is of such a low probability that it is clearly in the
public interest to allow the legislative process to take its course.
MR. HERRON: And I am glad that you referenced all three of those
items, because I would concur that it does become a question of time,
effort and financial resources and that is something that I think is
in the public interest, whether it be a ratepayer or the utility
itself, is to ensure that we have prudent expenditures of those
resources.
So Mr. Furey, in terms of suggestions in terms of how the Board could
proceed, the date that you have suggested is a filing no later than
the end of March. Is that March 29th, March 30th?
MR. FUREY: That is correct, March 31st.
MR. HERRON: Okay. And if we look at the -- at Bill-77, the new
legislation, and we were to turn to subsequent sections of 44(2). And
if Ms. Cyr could pull that up, that would be fine. Is it your
interpretation, Mr. Furey, that that application --
ACTING CHAIRPERSON: Mr. Herron, can you give just some time --
MR. HERRON: Sure.
ACTING CHAIRPERSON: -- to Ms. Cyr to just put it so everybody can
see. And you were referring to subsection 44(2), Mr. Herron?
MR. HERRON: Yes, 44(2).
ACTING CHAIRPERSON: Okay. At page 35?
MR. HERRON: Unfortunately it is on page 35 and 36. Of course it
would go -- it would drop over.
ACTING CHAIRPERSON: Okay. Thank you.
MR. HERRON: So this is the provision, Mr. Furey, that in section 44
-- subsection 44 is -- that would essentially replace the rate
application that we have had over the past number of years. If we
look at -- please proceed.
MR. FUREY: No, I was only going to say, Mr. Herron, for the 22-23
fiscal year only, yes.
MR. HERRON: Right. Okay. And 44(2) that -- does the Board and the
public require 30 days’ notice in advance of that? And where I am
going is that should that filing date that you are asking from the
variance, instead of being March 30th, should that be the end of
February?
MR. FUREY: I don’t think so, and let me explain why, but obviously
that is question for the Board. In the event that NB Power is
required to file, that is a different process to getting to rates than
is outlined in section 44. So section 44(1) essentially -- and this
is a very similar provision to what had been used by the legislature
back in 2011 and ’12 or ’12 and ’13 leading up to the proclamation of
the current version of the Electricity Act in October of 2013. And so
what it does is allow the company to take a rate increase for the
22-23 fiscal year up to a maximum of 2 percent. But of course as a
procedural matter, the company does not do that on its own. It does
so and files the new schedule of rates with the Board, not for
approval because the legislation doesn’t require that, but for
everybody to have an understanding of what the new rates are, and they
would be placed in the rates, services and policies manual and the
public would have notice of what those rates are. That is the
intention of 44(2). So the 30 day requirement is in that process
where the company takes advantage of or uses section 44(1) to increase
rates up to 2 percent. That is one process.
If section 43 and -- if section 43 doesn’t pass, then 44 really has
no application. If there is a -- the requirement exists today in the
Act in section 103 that NB Power file a rate application each year.
So if there is no section 43 in the bill, NB Power would be required
to file with the Board an application for approval of rates for the
22-23 fiscal year. And that, you know -- again, will never pre-judge
what the legislature will do, but I assume that we will know sometime
this fall whether or not the bill is passed in its current form or
whether there are amendments that change that. So if the amendments
remove section 43 -- and by the way, I would expect if they remove 43,
they would remove 44, but again, we can’t pre-judge that. But if 43
were removed, then NB Power would have to do so and, you know, there
would have to be some process with the Board to determine a date for
filing at that time.
The reason I am suggesting that it be a date no later than March 31st
2022 is that that allows the Board to retain jurisdiction, and if it
becomes apparent at any time prior to that date that an application
will be required, then there can be discussions or a process with the
Board to determine what the exact filing date should be.
MR. HERRON: But more specifically, for rates to come into effect
for April 1, would they have to be filed before the end of February?
MR. FUREY: Yes. So if 44(2) is relied upon and that is the
scenario in which the bill has passed and NB Power has increased rates
by up to 2 percent in accordance with section 44(1), then under
section 44(2) it has to file a new schedule of rates with the Board 30
days prior to implementation. So it would have to file those new
rates on or before the first of March.
MR. HERRON: So having said that, do you think there is a need to
change the date of your request to variance?
MR. FUREY: I don’t believe so, Mr. Herron.
MR. HERRON: Okay.
MR. FUREY: But I am not -- it is not something that I think is
material. If the Board felt it was more appropriate to do so at the
end of February, than I have no strong objection to that.
MR. HERRON: Okay. I think we are all for simplicity, so I would
like to test another consideration that the Board may wish to
consider. We essentially -- we have a stay to that existing order
currently that if that stay was to perpetuate sine die, would you
agree that there would be no longer any need to produce a variance
because the Board’s order, as you had suggested, would essentially
become moot should Bill-77 pass?
MR. FUREY: I apologize, I was on mute. I think that is just a
different way of getting to the same result. I would have to look at
the wording of the stay order. I believe it had wording that said
until the Board adjudicates upon the variance application. So if the
Board was going to do that, I would suggest that it adjourn this
application sine die, and leave the stay in place until further
determination of this application. But it is how the Board gets
there, to my mind, is of lesser importance than recognizing that the
public interest is not served by a filing of a general rate
application while this legislation remains in front of the Legislative
Assembly.
MR. HERRON: Okay. Thank you very much, Mr. Furey. Those are my
questions, Mr. Beaulieu.
ACTING CHAIRPERSON: Okay. Thank you, Mr. Herron. Just one
question, Mr. Furey, and I think your application addresses one part
of the threshold test that under 8.1.1 of the Rules of Procedure
regarding the new facts and change of circumstances, I am wondering if
you can comment on and that was -- it is part of Ms. Black’s
submissions regarding the public interests that will be harmed if the
Board was to order that your client files an application or a GRA
application for the fiscal year ’22 and ’23. What would be the costs
for your client if the Board was to order that the utility needs to
file a GRA and what would be the prejudice and damage to your client
under 8.2 -- excuse me, 8.1.1(c) where it talks about the prejudice
and damage that has resulted or will result from an order, so if such
an order would be issued?
MR. FUREY: May I take a moment to consult with Mr. Murphy on that
issue, Mr. Vice-Chair?
ACTING CHAIRPERSON: Thank you, Mr. Furey.
MR. FUREY: Thank you, Mr. Vice-Chair. So no specific or precise
figures at my fingertips but just to get to filing involving
translation costs, legal costs, out of pocket costs would be I am
going to say in the hundreds of thousands of dollars. But whether it
is one, two or three, I can’t say, but I think that is the ballpark,
it is in that range. But there is also, you know, generally it would
be many months of work putting together a general rate application, a
fulsome rate application for the Board’s consideration, and so there
are internal resources that would typically be performing other
functions that would have to be diverted for that purpose, there may
be backfilling required, so there are, I don’t want to call them
opportunity costs because there is the potential for further out of
pocket costs if there has to be other work performed by hired services
as a result of that effort that is required.
So the costs are I would say substantial. Are they material enough
to be measurable by a rate increase, an impact on the public, I would
say no, but they are substantial costs.
ACTING CHAIRPERSON: Thank you, Mr. Furey.
DR. RICHARD: M. le président, Énergie NB veut retarder sa demande
de tarif d’électricité pour encore quelques mois. Maintenant nous
savons que le mandat d’Energie NB va changer. En plus de devoir
fournir de l’électricité d’une manière sécuritaire, constante et à un
prix qui correspond aux dépenses encourues pour la production, la
transmission et la distribution, elle doit maintenant faire du profit.
Ceci dans le but de réduire sa dette. Une des raisons qu’Énergie NB a
justifié l’importance du projet des smart meters était de prévenir la
construction d’une autre centrale électrique en 2027. Donc pour
produire plus d’électricité et faire du profit, nous devrons
construire de nouvelles centrales et, pour aggraver les choses, ces
centrales seront des mini centrales nucléaires. Pour faire du profit,
Énergie NB devra vendre plus d’électricité à l’extérieur aux
américains. Pour faire du profit, il faudra augmenter les taux
d’électricité pour les gens du NB à un niveau plus élevé qu’avec
l’ancienne loi. La dette d’Énergie NB existe à cause de mauvaises
décisions du passé. La centrale nucléaire de Pointe Lepreau n’aurait
jamais dû être construite ou rénovée. Que penser du projet de smart
meters, ou de la rénovation de la centrale hydroélectrique de
Mactaquac? Le ministre Mike Holland dit qu’Énergie NB n’est pas à
vendre, mais est-ce que les lignes de transmissions vers les États
Unies sont à vendre? Il y a beaucoup d’autres raisons du type JOY
Entertainment. Énergie NB a besoin de ces quelques mois pour refaire
ses calculs. Si ce délais n’est pas accordé, Énergie NB devra se
contenter pour l’année 2022/2023 de ce qui était prévu par l’ancienne
loi. Donc pour les gens du NB, c’est à leurs avantage de ne pas
accorder ce délais à Énergie NB. Peut-être que l’on se réveillera
suffisamment avant la prochaine demande d’augmentation des tarifs pour
changer cette nouvelle directive du gouvernement. Merci M. le
président et chers concitoyens.
ACTING CHAIRPERSON: Alors, si je comprends bien votre argument Dr.
Richard, c’est que vous être contre la demande d’Energie NB d’accorder
le délai jusqu’à mars 31 2022.
DR. RICHARD: Oui, ça nous donne du temps à penser.
ACTING CHAIRPERSON: Conte tenu du projet de loi qui a été déposer
devant la salle législative qui a été identifier ici comme exhibe
6.01. Je ne sais pas si vous avez prit connaissance de ce projet de
loi là.
DR. RICHARD: Oui. Je l’ai lu un peu vite. Mais on change le mandat
d’Energie NB.
ACTING CHAIRPERSON: Je ne sais pas si vous avez vu l’intérieur du
projet du loi qui n’est pas encore une loi et qui est encore devant
l’assemble. Il y une disposition à l’intérieur de la loi qui fait en
sorte que le taux va être déterminer pour l’année fiscale ou
l’exercice financier 2022-2023 à 2% et qu’Energie NB n’aura pas à
déposer une application pour avoir ces taux approuver par la
commission. Je ne sais pas si ça change votre idée ou ça change votre
position relativement à la demande. Et puis, comme j’ai posé la
question Maitre Furey tout à l’heure à savoir s’il y avait un
préjudice à la coopération de déposer une application devant nous et
puis l’intervenant publique nous a mentionner que si c’était à
arriver, que ça peut être avoir un certain mentant d’argent à dépenser
pour rien si le projet de loi est approuver par l’assemblé
législative. Je ne sais pas si ça change votre idée ou non ou si vous
êtes encore dans l’opinion que la commission ne devrait pas accorder
la demande d’Energie NB.
DR. RICHARD: Mr. Le Président, je crois qu’on ne devrait pas
accorder la demande à Energie NB parce que pendant ces procédures
qu’il y aura, il y aura plus d’explication sur la loi 77. Il y aura
plus d’argument contre la loi 77. Je crois qu’on perd ce moment de
discussion. Ça serait dommage pour l’intérêt publique.
ACTING CHAIRPERSON: Ok, merci. Mr Herron, avez-vous des questions
pour Dr. Richard?
MR, HERRON : Non, Mr. Beaulieu, je n’ai pas des questions pour Dr.
Richard à ce moment ci.
ACTING CHAIRPERSON: Merci. Mr. Costello?
MR. COSTELLO: No questions, Mr. Chair. Thank you.
ACTING CHAIRPERSON: Okay. J’aimerais vous remercier Dr. Richard
pour avoir pris le temps de nous soumettre vos arguments. C’est très
apprécier.
DR. RICHARD: Merci, Mr. President.
ACTING CHAIRPERSON: Merci, Dr. Richard. Mr. Stoll?
MR. STOLL: Thank you, sir. I am going to be pretty brief. We
heard what Mr. Furey said. Our letter was written obviously before we
became aware of what was in Bill-77. I think the provisions are
pretty clear. I would make a couple comments. I think the kind of
dedication of resources to a proceeding that would be for not if the
bill is passed is not in the public interest to go through that. So I
would agree with Mr. Furey’s position on this.
I would just broaden it out. It is not just the company’s resources.
I think it is the interveners’ resources. Mr. Stewart usually
participates. Certainly my clients expend resources internally and
externally to participate in this proceedings. And these are
significant expenditures to those parties. Certainly Dr. Richard
shows up. So I think it goes beyond just the company’s resources that
would -- and even the Board’s resources. I guess to use the phrase,
it would be an opportunity cost for certain resources that could be
doing other, more productive work if this work was ultimately for not.
And those are really the submissions we have. I think the bill
addressed a couple of the concerns we had raised in our letter about
the stability and other things, by the provisions in section 44. So
those are our comments. I will take any questions you or the other
panel members may have.
ACTING CHAIRPERSON: Thank you, Mr. Stoll. I think you make a good
point that I think the focus of the decision with the applicant was
mainly on NB Power, but I think your point is well taken that the
interveners have to expend some resources and that may be significant
and --if the Board was to order a filing of a GRA. Mr. Herron, any
questions for Mr. Stoll?
MR. HERRON: No, sir. I would echo your comments that you just made
is that there are significant resources that would be allocated to all
participants, including the Board, where energies and resources could
be better spent. Thank you.
ACTING CHAIRPERSON: Mr. Costello, any questions for Mr. Stoll?
MR. COSTELLO: No questions, Mr. Chair. Thank you.
ACTING CHAIRPERSON: Thank you. Ms. Black?
MS. BLACK: Thank you, Mr. Chair. I will be brief as well. Just to
reiterate my written comments which I will say that I hold those views
even more strongly now that I have seen the text of Bill-77. And I
certainly support the comments made this morning by Mr. Furey and Mr.
Stoll. So those are my comments.
ACTING CHAIRPERSON: Thank you, Ms. Black. Mr. Costello, Any
questions for Ms. Black?
MR. COSTELLO: No question, Mr. Chair. Thank you.
ACTING CHAIRPERSON: And Mr. Herron?
MR. HERRON: No questions. Thank you.
ACTING CHAIRPERSON: Thank you. Thank you for those submissions,
Ms. Black. Mr. Stoll, anything further for the Board’s consideration?
MR. LETSON: I am sorry, Mr. Chair. I don’t believe we have heard
from Mr. Stewart.
ACTING CHAIRPERSON: The reason why we haven’t heard from Mr.
Stewart is because he hasn’t filed any oral submissions, and that is
the reason why I haven’t asked him any questions.
MR. LETSON: Fair. I apologize for interrupting.
ACTING CHAIRPERSON: No, not a problem. Unless Mr. Stewart, you
have anything to say on the issue?
MR. STEWART: And your point is well taken, Mr. Chair, we did not
file submissions. I don’t have any particular submissions on the
merits. I am here just sort of observing the proceeding today and
listening to the parties’ comments.
I guess I did have one question though, and maybe Mr. Furey can
enlighten us a bit on, as I was listening to the exchange between Mr.
Herron and Mr. Furey about, you know, is there a stay sine die or what
have you. And my question is just this, is whether Mr. Furey is in a
position to share what might be the potential effect of the order that
he is seeking a variance I think on a transition or an interim basis
because of Bill-77 on future rate applications. Clearly even Bill-77
envisions, you know, future rate applications to the Board, and, you
know, does the scope of the variance mean that the Board’s direction
to file, you know, by first Wednesday in each October would still be
applicable to future rate applications even if the Act is amended in
the way that it is anticipated it may be?
ACTING CHAIRPERSON: So I don’t know if Mr. Furey is still there.
What I will do, Mr. Stewart, is we will address that question once I
go back to Mr. Furey for his last comments, and I am pretty sure he is
going to address that question to you.
Mr. Stoll, anything further for the Board’s consideration?
MR. STOLL: I have nothing further, sir.
ACTING CHAIRPERSON: Thank you. Dr. Richard, est-ce que vous avez
d’autres choses que vous voudriez -- que vous aimerais la Commission
prenne en considération?
DR. RICHARD: Non, M. le Président.
ACTING CHAIRPERSON: So Mr. Stewart, your lucky day today, anything
further for the Board’s consideration?
MR. STEWART: Nothing. Thank you.
ACTING CHAIRPERSON: Okay. Thank you. And Mr. Furey, anything
further, and maybe you could address Mr. Stewart’s question regarding
the application of the variance question that he had?
MR. FUREY: I will say a couple of things in response to that, Mr.
Vice-Chair. The application for variance is very specific. It only
relates to the 22-23 fiscal year. So all other things being equal,
and this is a question for the Board, but I think all other things
being equal, that direction to the company remains in place with
respect to future fiscal years.
There is, of course, the potential for different filing timelines in
the future in other parts of this bill. There is the potential for
multi-year rate applications up to three fiscal years. So there could
be some different timing of rate applications. But I would think that
the general direction of the Board that the application by filed in
the month of October prior to the start of the first fiscal year to
which those applications relate would remain outstanding. The purpose
certainly still applies that rates should -- you know, the company and
the Board should be endeavouring to have rates in place for April 1st
of the first fiscal year to which that application relates.
So even if the -- I don’t think it does, but even if it did fall
away, the Board, I think, has jurisdiction to make those kinds of
directions for future applications, in any event.
ACTING CHAIRPERSON: Anything further, Mr. Furey?
MR. FUREY: No thank you, Mr. Vice-Chair.
ACTING CHAIRPERSON: Okay. Any other questions, Mr. Herron, for Mr. Furey?
MR. HERRON: No, nothing further.
ACTING CHAIRPERSON: And Mr. Costello?
MR. COSTELLO: No questions, Mr. Chair. Thank you.
ACTING CHAIRPERSON: So Mr. Furey, is there any other evidence that
you would like to submit for the Board’s consideration?
MR. FUREY: No, from our perspective, the record is closed, Mr.
Vice-Chair. Thank you.
ACTING CHAIRPERSON: Okay. Mr. Stewart, anything further from your clients?
MR. STEWART: Nothing further, Mr. Chair.
ACTING CHAIRPERSON: Dr. Richard, est-ce qu’il y d’autres choses
que vous voudriez que la commission prenne en considération?
DR. RICHARD: Non, je n’ai pas autres choses.
ACTING CHAIRPERSON: Okay. Merci. And Mr. Stoll, anything further?
MR. STOLL: Nothing further.
ACTING CHAIRPERSON: And Ms. Black?
MS. BLACK: No, thank you, Mr. Chair.
ACTING CHAIRPERSON: Thank you. And Mr. Letson, anything further
for the Board’s consideration?
MR. LETSON: No, Mr. Chair, I believe that the record is complete.
ACTING CHAIRPERSON: Okay. Thank you. So in accordance with the
Rule 1.1.2, the evidentiary record of this application is now closed,
and the Board confirms that the record is now complete. The Board
will reserve its decision and once the decision is ready, the parties
will be informed by the chief clerk.
I would like to thank everybody this morning for addressing the
Board regarding the application by New Brunswick Power Corporation,
and I wish you all a good day. Thank you.
MR. FUREY: Thank you, Mr. Vice-Chair.
(Adjourned)
Certified to be a true transcript of the proceedings of this
hearing, as recorded by me, to the best of my ability.
Henneberry Reporting Service

https://www.gnb.ca/legis/bill/FILE/60/1/Bill-77-e.htm

BILL 77
An Act to Amend the Electricity Act
Her Majesty, by and with the advice and consent of the Legislative
Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Electricity Act, chapter 7 of the Acts of New
Brunswick, 2013, is amended
aby repealing the definition “amalgamating corporations”;
bby repealing the definition “Chair” and substituting the following:
“Chair” means, (président)
asubject to paragraph (b), the Chair of the board of directors of the
Corporation, or
bfor the purposes of Part 1.1, the Chair of the board of directors of
the Holding Corporation.
cby repealing the definition “Corporation” and substituting the following:
“Corporation” means the corporation that was amalgamated and continued
as a corporation with share capital under the name New Brunswick Power
Corporation in English and Société d’énergie du Nouveau-Brunswick in
French on October 1, 2013. (Société)
dby repealing the definition “President and Chief Executive Officer”
and substituting the following:
“President and Chief Executive Officer” means, (président-directeur général)
asubject to paragraph (b), the President and Chief Executive Officer
of the Corporation, or
bfor the purposes of Part 1.1, the President and Chief Executive
Officer of the Holding Corporation.
eby repealing the definition “Vice-Chair” and substituting the following:
“Vice-Chair” means, (vice-président)
asubject to paragraph (b), the Vice-Chair of the board of directors of
the Corporation, or
bfor the purposes of Part 1.1, the Vice-Chair of the board of
directors of the Holding Corporation.
fin the definition « services accessoires » in the French version by
striking out “puissance” and substituting “capacité”;
gby adding the following definitions in alphabetical order:
“Holding Corporation” means the corporation established under
subsection 2.1(1). (Société de portefeuille)
“qualifying costs” means qualifying costs as defined in the
regulations. (coûts admissibles)
2 The Act is amended by adding after section 2 the following:
PART 1.1
HOLDING CORPORATION
Division A
Establishment, board of directors, officers and employees
Establishment
2.1( 1) There is established a corporation with share capital under
the name New Brunswick Power Holding Corporation consisting of those
persons who compose the board of directors.
2.1( 2) The Holding Corporation is a Crown corporation and is, for all
purposes, an agent of the Crown.
2.1( 3) Subject to this Act, the Holding Corporation has the capacity,
rights, powers and privileges of a natural person.
2.1( 4) The Holding Corporation has the capacity to carry on its
business, conduct its affairs and exercise its powers outside the
Province.
2.1( 5) The Business Corporations Act does not apply to the Holding Corporation.
2.1( 6) The head office of the Holding Corporation is at The City of Fredericton
Shares and other securities
2.11( 1) The authorized capital of the Holding Corporation consists of
an unlimited number of common shares without nominal or par value.
2.11( 2) On the commencement of section 2.1, one voting share of the
Holding Corporation shall be issued to the Crown as represented by the
Minister.
2.11( 3) Only the Crown as represented by the Minister may hold or
acquire a voting share of the Holding Corporation.
2.11( 4) The Holding Corporation may, by by-law,
asubdivide its shares, or any of them, into one or more classes, fix
the number of shares in each class and determine that, as between the
holders of the shares resulting from the subdivision, one or more of
the shares shall have some preference or special advantage as regards
dividend, capital, voting or otherwise, over, or as compared with, the
others or other, or
bconvert any part of its issued or unissued share capital into
preferred shares redeemable or purchasable by the Holding Corporation.
2.11( 5) No person shall transfer any notes, bonds, debentures or
other securities of the Holding Corporation, other than
non-convertible debt securities, without the approval of the
Lieutenant-Governor in Council.
2.11( 6) Subject to the rights, privileges, restrictions and
conditions attaching to a class of shares and subject to subsection
2.7(5), the Holding Corporation may purchase or otherwise acquire
shares issued by it.
2.11( 7) The Holding Corporation may issue certificates in any form
approved by the board of directors of the Holding Corporation to
evidence any shares or other securities issued by the Holding
Corporation.
Board of directors
2.12( 1) The board of directors of the Holding Corporation shall
administer the business and affairs of the Holding Corporation on a
commercial basis, taking into consideration government policy.
2.12( 2) The board of directors of the Holding Corporation shall be composed of
athe President and Chief Executive Officer, who shall be a non-voting
member, and
bnot more than 14 directors appointed by the Lieutenant-Governor in Council.
2.12( 3) The directors referred to in paragraph (2)(b) shall be
appointed for a term not exceeding five years.
2.12( 4) Despite subsection (3), a director referred to in paragraph
(2)(b) shall hold office at the pleasure of the Lieutenant-Governor in
Council.
2.12( 5) A director referred to in paragraph (2)(b) shall be appointed
from among those persons nominated by the board of directors of the
Holding Corporation in accordance with subsection (7).
2.12( 6) Before making nominations under this section, the board of
directors of the Holding Corporation shall advise the
Lieutenant-Governor in Council of
athe skills and qualifications required of the board of directors as a
whole in order for the board to carry out its functions, and
bthe skills and qualification requirements for nominees for the board
of directors position or positions to be filled.
2.12( 7) In making nominations under this section, the board of
directors of the Holding Corporation shall
ause a merit-based and objective approach,
bensure that the board of directors as a whole has the necessary
skills and qualifications to carry out its functions,
cprovide to the Lieutenant-Governor in Council a description of the
recruitment, assessment and selection processes used and the results
of those processes, and
dcomply with any regulations made under paragraph 142(1)(b).
2.12( 8) A director referred to in paragraph (2)(b) may be reappointed
for a second or subsequent term of office not exceeding five years,
but subsection (5) does not apply to a director who is reappointed
before or immediately after the expiry of their previous term.
2.12( 9) Despite subsections (3) and (8) and subject to subsection
(4), a director referred to in paragraph (2)(b) shall remain in office
until the director resigns or is reappointed or replaced.
2.12( 10) The resignation of a director becomes effective at the time
a written resignation is received by the Holding Corporation, or at
the time specified in the resignation, whichever is later.
2.12( 11) A vacancy on the board of directors of the Holding
Corporation does not impair the capacity of the board to act as long
as a quorum is maintained.
Chair and Vice-Chair
2.2( 1) The Lieutenant-Governor in Council shall appoint a Chair of
the board of directors of the Holding Corporation and a Vice-Chair of
its board of directors from among the directors referred to in
paragraph 2.12(2)(b).
2.2( 2) A Chair or Vice-Chair shall hold office as such for a term
fixed by the Lieutenant-Governor in Council and may be reappointed for
a second or subsequent term of office.
2.2( 3) Subject to subsection (4), the Chair, or in the Chair’s
absence, the Vice-Chair, shall preside at meetings of the board of
directors of the Holding Corporation.
2.2( 4) If the Chair and Vice-Chair are absent from a meeting of the
board of directors of the Holding Corporation, the directors present
may elect from among themselves a person to preside at the meeting.
2.2( 5) In the case of a temporary absence or inability to act of the
Chair or Vice-Chair, the Lieutenant-Governor in Council may appoint
from among the directors referred to in paragraph 2.12(2)(b) a
substitute for the Chair or Vice-Chair for the period of the temporary
absence or inability to act.
2.2( 6) Despite subsection (2), if the Chair or Vice-Chair ceases to
be a director of the Holding Corporation, they cease to be the Chair
or the Vice-Chair, as the case may be.
2.2( 7) Despite subsection (2), but subject to subsection (6), the
Chair or Vice-Chair shall remain in office until they resign or are
reappointed or replaced.
2.2( 8) The resignation of the Chair or Vice-Chair becomes effective
at the time a written resignation is received by the Holding
Corporation, or at the time specified in the resignation, whichever is
later.
First board of directors
2.21( 1) Despite section 2.12, the members of the board of directors
of the Corporation are appointed to the first board of directors of
the Holding Corporation.
2.21( 2) Despite section 2.2, the Chair and Vice-Chair of the
Corporation are appointed to be the first Chair and Vice-Chair of the
board of directors of the Holding Corporation.
2.21( 3) The members of the first board of directors of the Holding
Corporation and the first Chair and Vice-Chair shall hold office at
the pleasure of the Lieutenant-Governor in Council.
2.21( 4) Despite section 2.4, no remuneration shall be paid to the
first members of the board of directors of the Holding Corporation or
to the first Chair and Vice-Chair.
Quorum
2.22 A majority of the directors of the Holding Corporation
constitutes a quorum.
Meetings of the board of directors
2.3( 1) The meetings of the board of directors of the Holding
Corporation shall be held in the Province on the notice that is
required by its by-laws.
2.3( 2) A director may in any manner waive notice of a meeting of the
board of directors and attendance of a director at a meeting of the
board of directors is a waiver of notice of the meeting, except if a
director attends a meeting for the express purpose of objecting to the
transaction of any business on the grounds that the meeting was not
lawfully called.
2.3( 3) A director may participate in a meeting of the board of
directors or of a committee of the board of directors by means of
telephone or other communication facilities that permit all persons
participating in the meeting to hear each other, and a director
participating in such a meeting by those means shall be deemed for the
purposes of this Act to be present at that meeting.
Resolution instead of meeting
2.31( 1) A resolution in writing signed by all directors of the
Holding Corporation entitled to vote on that resolution at a meeting
of its board of directors or a committee of its board of directors is
as valid as if it had been passed at a meeting of the board or
committee duly called, constituted and held.
2.31( 2) If counterparts of a resolution in writing have been signed
by all the directors entitled to vote on that resolution at a meeting
of the board of directors or committee of the board of directors, the
resolution is as valid as if it had been passed at a meeting of the
board or committee duly called, constituted and held.
2.31( 3) Every signed resolution or counterpart referred to in this
section shall be kept with the minutes of the proceedings of the board
of directors or committee of the board of directors.
Dissent by directors
2.32( 1) A director who is present at a meeting of the board of
directors of the Holding Corporation or of a committee of the board of
directors shall be deemed to have consented to any resolution passed
or action taken at the meeting unless
athe director requests that their dissent be, or their dissent is,
entered in the minutes of the meeting,
bthe director sends the director’s written dissent to the secretary of
the meeting before the meeting is adjourned, or
cthe director sends the director’s dissent by registered mail or
delivers it to the head office of the Holding Corporation immediately
after the meeting is adjourned.
2.32( 2) A director who votes for or consents to a resolution is not
entitled to dissent under subsection (1).
Remuneration
2.4 The Chair and the Vice-Chair and the other directors of the
Holding Corporation shall be paid the remuneration that the
Lieutenant-Governor in Council determines, and the payment shall be
made out of the funds of the Holding Corporation.
By-laws
2.41( 1) In addition to any other by-laws authorized or required to be
made under this Act and subject to this Act, the Holding Corporation
may, with the approval of the Lieutenant-Governor in Council, make
by-laws for the control and management of the Holding Corporation’s
affairs, including, but not limited to, by-laws
arespecting the appointment of officers of the Holding Corporation and
prescribing the powers and duties of the President and Chief Executive
Officer, any other officers of the Holding Corporation or the Chair or
Vice-Chair,
bauthorizing the board of directors of the Holding Corporation to
establish committees of the board of directors, to determine the
composition and operation of the committees and to delegate any powers
or duties of the board of directors to the committees, and
crespecting the holding of meetings of the board of directors or of a
committee referred to in paragraph (b) and the procedure at the
meetings.
2.41( 2) The Regulations Act does not apply to by-laws made by the
Holding Corporation.
President and Chief Executive Officer of the Holding Corporation
2.42( 1) The Lieutenant-Governor in Council shall appoint a President
and Chief Executive Officer of the Holding Corporation for a term not
exceeding five years.
2.42( 2) The President and Chief Executive Officer shall be appointed
from among those persons nominated by the board of directors of the
Holding Corporation in accordance with subsection (7).
2.42( 3) The President and Chief Executive Officer is, subject to the
direction of the board of directors of the Holding Corporation,
charged with the general direction, supervision and control of the
business of the Holding Corporation and may exercise any other powers
and duties conferred on them by the by-laws of the Holding Corporation
or by this Act.
2.42( 4) The President and Chief Executive Officer shall be paid the
remuneration that the Lieutenant-Governor in Council determines, and
the payment shall be made out of the funds of the Holding Corporation.
2.42( 5) In determining the remuneration of the President and Chief
Executive Officer, the Lieutenant-Governor in Council shall consider
any recommendation made by the board of directors of the Holding
Corporation.
2.42( 6) Before making nominations under this section, the board of
directors of the Holding Corporation shall advise the
Lieutenant-Governor in Council of the skills and qualification
requirements for nominees for the position of President and Chief
Executive Officer.
2.42( 7) In making nominations under this section, the board of
directors of the Holding Corporation shall
ause a merit-based and objective approach,
bensure that nominees have the necessary skills and qualifications to
hold the office of President and Chief Executive Officer,
cprovide to the Lieutenant-Governor in Council a description of the
recruitment, assessment and selection processes used and the results
of those processes, and
dcomply with any regulations made under paragraph 142(1)(b).
2.42( 8) A President and Chief Executive Officer may be reappointed
for a second or subsequent term of office not exceeding five years,
but subsection (2) does not apply to a President and Chief Executive
Officer who is reappointed before or immediately after the expiry of
their previous term.
2.42( 9) In the case of a temporary absence or inability to act of the
President and Chief Executive Officer, the board of directors of the
Holding Corporation may, despite anything else in this section,
appoint a substitute for them for the period of the temporary absence
or inability to act.
2.42( 10) On the recommendation of the board of directors of the
Holding Corporation, the Lieutenant-Governor in Council may remove the
President and Chief Executive Officer from office in accordance with a
contract of employment between the Holding Corporation and the
President and Chief Executive Officer or in accordance with applicable
law.
2.42( 11) Despite subsection (10), the Lieutenant- Governor in Council
may remove the President and Chief Executive Officer from office in
the circumstances set out in the regulations.
2.42( 12) If the President and Chief Executive Officer is removed
under subsection (10) or (11), the board of directors of the Holding
Corporation may, despite anything else in this section, appoint a
substitute to hold office until a new President and Chief Executive
Officer is appointed under this section.
2.42( 13) Despite subsections (1) and (8) and subject to subsections
(10) and (11), the President and Chief Executive Officer shall remain
in office until they resign or are reappointed or replaced.
2.42( 14) The resignation of the President and Chief Executive Officer
becomes effective at the time a written resignation is received by the
Holding Corporation, or at the time specified in the resignation,
whichever is later.
First President and Chief Executive Officer of the Holding Corporation
2.5( 1) Despite subsection 2.42(1), the President and Chief Executive
Officer of the Corporation is appointed as the first President and
Chief Executive Officer of the Holding Corporation.
2.5( 2) The first President and Chief Executive Officer of the Holding
Corporation shall hold office at the pleasure of the
Lieutenant-Governor in Council.
2.5( 3) Despite subsection 2.42(4), no remuneration shall be paid to
the first President and Chief Executive Officer of the Holding
Corporation.
Employees of the Holding Corporation
2.51 The Holding Corporation shall adopt a policy regarding staff
requirements and the mode of appointment of its employees.
Duty of care of directors and officers
2.52( 1) Every director and officer of the Holding Corporation in
exercising their powers and discharging their duties shall
aact honestly and in good faith in the best interests of the Holding
Corporation, and
bexercise the care, diligence and skill that a reasonably prudent
person would exercise in comparable circumstances in the best
interests of the Holding Corporation.
2.52( 2) Every director and officer of the Holding Corporation shall
comply with this Act, the regulations and the by-laws of the Holding
Corporation.
2.52( 3) A director or officer of the Holding Corporation who
exercises their powers or discharges their duties in accordance with
this Act, the regulations or the by-laws of the Holding Corporation
shall be deemed to act in the best interests of the Holding
Corporation.
Immunity
2.6( 1) No action or other proceeding lies or shall be instituted
against a director, officer or employee of the Holding Corporation or
against a former director, officer or employee of the Holding
Corporation for any act done in good faith in the exercise or
performance or the intended exercise or performance of a power or duty
under this Act or the regulations or for any neglect or default in the
exercise or performance in good faith of such a power or duty.
2.6( 2) Subsection (1) does not relieve the Holding Corporation of any
liability to which it would otherwise be subject in respect of a cause
of action arising from any act, neglect or default referred to in
subsection (1).
Indemnification
2.61( 1) The Holding Corporation may indemnify a director or officer
of the Holding Corporation or of a subsidiary of the Holding
Corporation against all costs, charges and expenses, including an
amount paid to settle an action or satisfy a judgment, reasonably
incurred by the individual in respect of any civil, criminal,
administrative, investigative or other proceeding in which the
individual is involved because of that association with the Holding
Corporation or the subsidiary.
2.61( 2) The Holding Corporation may advance money to an individual
referred to in subsection (1) for the costs, charges and expenses of a
proceeding referred to in that subsection, and the individual shall
repay the money if it is determined by a court or other competent
authority that the individual does not fulfil the conditions of
subsection (3).
2.61( 3) The Holding Corporation may not indemnify an individual under
subsection (1) unless
athe individual acted honestly and in good faith with a view to the
best interests of the Holding Corporation or of the subsidiary of the
Holding Corporation, as the case may be, and
bin the case of a criminal or administrative action or proceeding that
is enforced by a financial penalty, the individual had reasonable
grounds for believing that the individual’s conduct was lawful.
2.61( 4) Despite subsection (1), an individual referred to in that
subsection is entitled to indemnity from the Holding Corporation in
respect of all costs, charges and expenses reasonably incurred by the
individual in connection with the defence of any civil, criminal,
administrative, investigative or other proceeding to which the
individual is subject because of the individual’s association with the
Holding Corporation or a subsidiary of the Holding Corporation, if the
individual seeking indemnity
awas not judged by a court or other competent authority to have
committed any fault or to have omitted to do anything that the
individual ought to have done, and
bfulfils the conditions set out in subsection (3).
2.61( 5) The Holding Corporation may purchase and maintain insurance
for the benefit of an individual referred to in subsection (1) against
any liability incurred by the individual as a director or officer of
the Holding Corporation or of a subsidiary of the Holding Corporation.
Division B
Powers
Subsidiaries of the Holding Corporation
2.62( 1) With the approval of the Lieutenant-Governor in Council, the
Holding Corporation may incorporate a subsidiary under the Business
Corporations Act.
2.62( 2) The articles of incorporation of a subsidiary of the Holding
Corporation referred to in subsection (1) shall be submitted to and
approved by the Lieutenant-Governor in Council before submission to
the Director.
2.62( 3) A subsidiary of the Holding Corporation referred to
subsection (1) shall not be an agent of the Crown for any purpose.
Activities requiring approval of the Lieutenant-Governor in Council
2.7( 1) The Holding Corporation shall not, without the approval of the
Lieutenant-Governor in Council, do any of the following:
aborrow sums of money;
bissue notes, bonds, debentures or other securities;
cincorporate a subsidiary;
denter into partnerships or other similar arrangements for the sharing
of profits with any other person;
eacquire or hold shares or other ownership interests in another entity;
fenter into, terminate or amend a shareholders’ agreement in respect
of a subsidiary of the Holding Corporation;
gmake, alter or revoke any by-laws of the Holding Corporation; or
hguarantee the obligations of any other person.
2.7( 2) Despite paragraph (1)(e), the Holding Corporation may acquire
and hold for cash management purposes shares or other ownership
interests issued by another entity as long as the Holding Corporation
does not hold more than ten percent of the issued and outstanding
voting shares or interests of that other entity.
2.7( 3) Paragraph (1)(e) does not apply to the holding by the Holding
Corporation of shares in a subsidiary of the Holding Corporation.
2.7( 4) Paragraph (1)(h) does not apply to the guaranteeing of any
obligation of a subsidiary of the Holding Corporation.
2.7( 5) Except in the ordinary course of business of the Holding
Corporation, the Holding Corporation shall not, as part of a
transaction or series of related transactions, purchase, lease or
otherwise acquire, or sell, exchange, lease or otherwise dispose of,
an asset or assets with a value greater than $50 million without the
approval of the Lieutenant-Governor in Council.
Dividends
2.71( 1) The Holding Corporation may declare or pay a dividend unless
there are reasonable grounds for believing that
athe Holding Corporation is, or would after the payment, be unable to
pay its liabilities as they become due, or
bthe realizable value of the Holding Corporation’s assets would, in
declaring or paying the dividend, be less than the aggregate of its
liabilities.
2.71( 2) Any dividends payable to the Crown shall be paid to the
Minister of Finance and Treasury Board.
Division C
Government Policy
Directives by the Executive Council
2.72 The Executive Council may at any time issue directives in writing
to the Holding Corporation that must be taken into consideration by
the board of directors of the Holding Corporation.
Division D
Financial Matters and Reporting
Fiscal year
2.8 The fiscal year of the Holding Corporation ends on March 31 in each year.
Appointment of auditor
2.81 The board of directors of the Holding Corporation shall appoint,
with the approval of the Lieutenant-Governor in Council, a qualified
auditor to audit annually the accounts and financial statements of the
Holding Corporation.
Audited financial statements
2.82 The Holding Corporation shall, within three months after the end
of its fiscal year, submit to the Minister its audited financial
statements for that fiscal year, and the Minister shall, within 30
days after receiving them, table the financial statements in the
Legislative Assembly if it is then sitting or, if it is not then
sitting, with the Clerk of the Legislative Assembly.
Other reports
2.9 The Holding Corporation shall submit any other reports and
information to the Minister that the Minister requests from time to
time.
3 The heading “Amalgamation” preceding Division A of Part 2 of the Act
is repealed and the following is substituted:
New Brunswick Power Corporation
4 The heading “Amalgamated corporation” preceding section 3 of the Act
is repealed and the following is substituted:
The Corporation
5 Section 3 of the Act is amended
aby repealing subsection (1);
bby adding before subsection (2) the following:
3( 1.1) On the commencement of this subsection, the one common share
held by the Crown, as represented by the Minister, in the Corporation
is transferred to the Holding Corporation.
3( 1.2) For greater certainty, once the transfer referred to in
subsection (1.1) occurs, the Corporation becomes a subsidiary of the
Holding Corporation.
6 The heading “Effect of amalgamation” preceding section 4 of the Act
is repealed.
7 Section 4 of the Act is repealed.
8 The heading “Real Property” preceding section 5 of the Act is repealed.
9 Section 5 of the Act is repealed.
10 The heading “Continuation of employment” preceding section 7 of the
Act is repealed.
11 Section 7 of the Act is repealed.
12 The heading “Deemed certification of bargaining agent” preceding
section 8 of the Act is repealed.
13 Section 8 of the Act is repealed.
14 The heading “Deemed application of collective agreement” preceding
section 9 of the Act is repealed.
15 Section 9 of the Act is repealed.
16 The heading “Hearing before the Labour and Employment Board”
preceding section 10 of the Act is repealed.
17 Section 10 of the Act is repealed.
18 The heading “Certain rights not affected” preceding section 11 of
the Act is repealed.
19 Section 11 of the Act is repealed.
20 The heading “Proceedings barred” preceding section 12 of the Act is repealed.
21 Section 12 of the Act is repealed.
22 Section 13 of the Act is repealed and the following is substituted:
Liability of Crown
13( 1) The liability of the Crown as guarantor of a security or other
liability of any of the predecessor corporations of the Corporation
pursuant to a written guarantee given by the Crown before October 1,
2013, is not affected by anything in this Act.
13( 2) The liability of the Crown as principal of any of the
predecessor corporations of the Corporation with respect to
liabilities and obligations entered into by any of those corporations
on behalf of the Crown before October 1, 2013, is not affected by
anything in this Act.
23 The heading “Exemptions from other Acts” preceding section 14 of
the Act is repealed.
24 Section 14 of the Act is repealed.
25 Subsection 15(2) of the Act is amended
ain paragraph (a) of the English version by striking out “and” at the
end of the paragraph;
bby adding after paragraph (a) the following:
a.1the President and Chief Executive Officer of the Holding
Corporation, who shall be a non-voting member of the board of
directors, and
26 Section 26 of the Act is amended
ain subsection (1) by striking out “an amalgamating corporation” and
substituting “a predecessor corporation”;
bin subsection (2) by striking out “an amalgamating corporation” and
substituting “a predecessor corporation”.
27 Subsection 38(2) of the Act is repealed and the following is substituted:
38( 2) Any dividends of the Corporation shall be paid to the Holding
Corporation.
28 The Act is amended by adding after section 50 the following:
PART 2.1
TRANSFER ORDERS
Transfer orders
50.1( 1) The Lieutenant-Governor in Council may make orders
transferring officers, employees, assets, liabilities, rights and
obligations of the Corporation to a subsidiary incorporated in
accordance with section 2.62.
50.1( 2) The Lieutenant-Governor in Council may set the terms and
conditions of a transfer order.
50.1( 3) A transfer order is binding on the Corporation, the
subsidiary that is the transferee and on all other persons.
50.1( 4) Subsection (3) applies despite any public Act or any rule of
law, including an Act or rule of law that requires notice or
registration of transfers.
50.1( 5) A transfer order does not require the consent of the
Corporation, the subsidiary that is the transferee or any other
person.
50.1( 6) The Regulations Act does not apply to a transfer order.
50.1( 7) For the purposes of Part 6, a transfer order made by the
Lieutenant-Governor in Council under this section shall be deemed to
be just and reasonable.
Publication of date of transfer order
50.11( 1) The Minister shall, within 90 days after a transfer order is
made or amended, publish notice of the date in The Royal Gazette.
50.11( 2) Notice of the date that a transfer order was amended shall
identify the transfer order that was amended.
50.11( 3) Failure to comply with this section does not affect the
validity of a transfer order or any amendment to a transfer order.
Description of things transferred
50.2 A transfer order may describe officers, employees, assets,
liabilities, rights and obligations to be transferred
aby reference to specific officers, employees, assets, liabilities,
rights and obligations,
bby reference to any class of officers, employees, assets,
liabilities, rights and obligations, or
cpartly in accordance with paragraph (a) and partly in accordance with
paragraph (b).
Transfer of officers and employees
50.21( 1) The office or employment of an officer or employee who is
transferred by or under a transfer order is not terminated by the
transfer and shall be deemed to have been transferred to the
transferee without interruption in service.
50.21( 2) An officer or employee who is transferred by or under a
transfer order shall be deemed not to have been constructively
dismissed.
50.21( 3) If an officer or employee is transferred by or under a
transfer order, nothing in this Act
aprevents the office or employment from being lawfully terminated
after the transfer, or
bprevents any term or condition of the office or employment from being
lawfully changed after the transfer.
50.21( 4) A transferee shall recognize
athe accumulated sick leave credits and vacation leave credits of an
officer or employee referred to in subsection (1), and
bthe terms and conditions of employment of an officer or employee
referred to in subsection (1) until changed by a collective agreement
or an employment contract.
50.21( 5) The period of employment with the Corporation of an officer
or employee referred to in subsection (1) is deemed to be service with
the transferee for the purpose of determining probationary periods,
benefits or any other employment-related entitlements under the
Employment Standards Act or any other Act, at common law or under any
employment contract or collective agreement.
Real Property
50.3( 1) The following definitions apply in this section.
“approved parcel identifier” means an approved parcel identifier as
defined in the Land Titles Act. (numéro d’identification approuvé)
“Chief Registrar of Deeds” means the Chief Registrar of Deeds
appointed under the Registry Act. (conservateur en chef des titres de
propriété)
“instrument record” means instrument record as defined in the Land
Titles Act. (registre des instruments)
“land titles office” means a land titles office as defined in the Land
Titles Act. (bureau d’enregistrement foncier)
“register” (enregistrer)
ain paragraph (4)(a), means register as defined in the Land Titles Act, and
bin paragraph (4)(b), means register within the meaning of the Registry Act.
“registered land” means registered land as defined in the Land Titles
Act. (bien-fonds enregistré)
“registered owner” means registered owner as defined in the Land
Titles Act. (propriétaire enregistré)
“registrar” (registrateur)
ain paragraph (4)(a), means registrar as defined in the Land Titles Act, and
bin paragraph (4)(b), means registrar as defined in the Registry Act.
“Registrar General” means the Registrar General as defined in the Land
Titles Act. (registrateur général)
50.3( 2) If a transfer order provides for the transfer of real
property, the Corporation shall file a notice in a land titles office
for the District of New Brunswick and in the registry office
established under the Registry Act for each county in the Province
that indicates that
aa transfer and vesting of real property under the order has occurred, and
ball title and interests in the real property that was transferred to
the transferee under the order are now held in the name of the
transferee.
50.3( 3) The notice referred to in subsection (2)
ashall be deemed to be an instrument for the purposes of the Land
Titles Act and the Registry Act, and
bshall be in a form acceptable to the Registrar General and the Chief
Registrar of Deeds.
50.3( 4) On receipt of the notice referred to in subsection (2),
athe registrar shall, despite section 18 of the Land Titles Act and
despite any failure of the Corporation to comply with any provision of
the Land Titles Act or any regulation under that Act,
( i) identify all the approved parcel identifiers associated with the
registered land indicated in the notice,
( ii) assign a registration number, date and time to the notice and
enter a record of the notice, date, time and number in the instrument
record,
( iii) enter a record of the acceptance of the notice for registration
in the instrument record,
( iv) register the notice in respect of the registered land
represented by the approved parcel identifiers referred to in
subparagraph (i), and
( v) issue new certificates of registered ownership to the transferee
in respect of all registered land with respect to which it is the
registered owner or holds a registered leasehold interest, and
bdespite any failure of the Corporation to comply with any provision
of the Registry Act or any regulation under that Act, the registrar
for each county in the Province shall register the notice.
50.3( 5) Section 55 of the Land Titles Act and section 44 of the
Registry Act do not apply to the registration of the notice referred
to in subsection (2).
50.3( 6) No claim shall be made and no action or other proceeding lies
or shall be instituted against the Minister, the Crown or the
Corporation by reason of any prejudice suffered as a result of any
delay in filing a notice under subsection (2).
Payment for transfer
50.31 A transfer order may
arequire a transferee to pay the Corporation for any asset that is
transferred to it by or under the order,
bprovide for the method of calculating the amount payable for an asset
that is transferred, and
c prescribe the manner and time of payment for an asset that is transferred.
Effective date of transfer
50.4 A transfer order may provide that a transfer shall be deemed to
have taken effect on a date earlier than the date the transfer order
is made, but the effective date shall not be earlier than the date of
commencement of this section.
Certain rights not affected
50.41 A transfer effected under a transfer order shall be deemed
anot to constitute
( i) a breach, termination, repudiation or frustration of any contract,
( ii) a breach of any Act, regulation or local government by-law, or
( iii) an event of default or force majeure under any contract,
bnot to give rise to a breach, termination, repudiation or frustration
of any licence, permit or other right,
cnot to give rise to any right to terminate or repudiate a contract,
licence, permit or other right, and
dnot to give rise to any estoppel.
Proceedings barred
50.5( 1) No action or other proceeding lies or shall be instituted
against the Minister, the Crown or the Corporation or any employee or
agent of any of them, as a direct or indirect result of a transfer
effected under a transfer order under section 50.1.
50.5( 2) Nothing in this Act or in a transfer effected under a
transfer order creates a cause of action in favour of
aa holder of a security that was issued by the Corporation, or
ba party under a contract with the Corporation that was entered into
before the effective date of the transfer order.
Conditions on exercise of powers
50.51 A transfer order may impose conditions on the exercise of powers
by the transferee that are related to officers, employees, assets,
liabilities, rights or obligations transferred by the transfer order.
Information
50.6 The Corporation shall provide a transferee with records or copies
of records and other information, that are in its custody or control
and that relate to an officer, employee, asset, liability, right or
obligation that is transferred by or under a transfer order, including
personal information.
Other matters
50.61 A transfer order may contain provisions dealing with other
matters not specifically referred to in this Part that the
Lieutenant-Governor in Council considers necessary or advisable in
connection with a transfer.
Amendment of transfer order
50.7( 1) The Lieutenant-Governor in Council may, at any time within 24
months after making a transfer order, make a further order amending
the transfer order in any way that the Lieutenant-Governor in Council
considers necessary or advisable.
50.7( 2) Sections 50.1 to 50.61 apply, with the necessary
modifications, to an amendment as if it were a transfer order.
Exemption from other Acts
50.8 Any Act or provision of an Act that is prescribed by regulation
does not apply to a transfer effected by a transfer order under
section 50.1.
Crown liability
50.9( 1) The liability of the Crown as guarantor of a security or
other liability of the Corporation under a written guarantee given by
the Crown before the effective date of a transfer order is not limited
by anything in this Act or by any transfer effected by or under the
transfer order.
50.9( 2) The liability of the Crown as principal of the Corporation
with respect to liabilities and obligations entered into by the
Corporation on the Crown’s behalf before the effective date of a
transfer order is not limited by anything in this Act or by any
transfer effected by or under the transfer order.
29 Section 74 of the Act is amended
aby repealing subsection (6);
bby repealing subsection (7).
30 Section 101 of the Act is amended
aby repealing subsection (1) and substituting the following:
101( 1) As part of an application made under section 103, the
Corporation shall file with the Board a strategic, financial and
capital investment plan that covers three consecutive fiscal years.
bby adding after subsection (1) the following:
101( 1.01) For the purposes of subsection (1), the strategic,
financial and capital investment plan of the Corporation shall cover
each fiscal year covered by the application and any subsequent fiscal
year, as necessary, to amount to a total of three consecutive fiscal
years.
101( 1.02) A strategic, financial and capital investment plan of the
Corporation shall include the following:
aa schedule showing, for each fiscal year covered by the plan, each
capital project contemplated by the Corporation that has a total
projected capital cost of $50 million or more and the related
projected annual capital expenditures for each such project;
ba schedule showing, for each fiscal year covered by the plan, the
projected aggregate capital expenditures that relate to the capital
projects contemplated by the Corporation that have a projected total
capital cost of less than $50 million;
cthe revenue requirements of the Corporation for each fiscal year
covered by the plan;
da projected balance sheet for the Corporation for each fiscal year
covered by the plan;
ethe Corporation’s load and revenue forecast for each fiscal year
covered by the plan;
fa schedule showing, for each fiscal year covered by the plan, the
projected annual overall change in rates for sales of electricity
within the Province, expressed as a percentage, that is necessary to
meet the revenue requirements referred to in paragraph (c); and
gany other information that the Corporation considers relevant or that
is ordered by the Board under subsection (2) to be included.
cby repealing subsection (1.1).
31 The heading “Rates” preceding section 103 of the Act is repealed
and the following is substituted:
Rates – 2023-24 fiscal year and subsequent fiscal years
32 Section 103 of the Act is amended
aby repealing subsection (1) and substituting the following:
103( 1) Beginning with an application that covers the fiscal year
commencing on April 1, 2023, the Corporation shall make an application
to the Board for approval of the Corporation’s schedules of rates it
proposes to charge for its services for each fiscal year, and may make
an application to the Board for approval of the Corporation’s
schedules of rates it proposes to charge for its services for a period
encompassing more than one fiscal year, to a maximum of three fiscal
years.
bby adding after subsection (1) the following:
103( 1.1) In an application made under subsection (1) that covers more
than one fiscal year, the Corporation shall request Board approval of
the Corporation’s schedules of rates it proposes to charge for its
services for each fiscal year in the period to which the application
relates.
103( 1.2) The Corporation may make an application under subsection (1)
in relation to a fiscal year for which rates have already been
approved or fixed by the Board under this section.
103( 1.3) If an application covers a fiscal year for which rates have
already been approved or fixed by the Board under this section, the
Board shall approve or fix the rates anew following a new hearing, and
the procedure established in section 127 shall apply with any
necessary modifications.
cby repealing subsection (2) and substituting the following:
103( 2) For each fiscal year to which an application made by the
Corporation under subsection (1) relates, the application shall
include, but not be limited to, the following:
athe Corporation’s projection of its load and revenue;
bthe Corporation’s revenue requirements; and
cthe Corporation’s schedules of rates it proposes to charge.
dby repealing paragraph (6)(a) and substituting the following:
afor each fiscal year to which the application relates, approve the
rates applied for, if satisfied that they are just and reasonable or,
if not so satisfied, fix other rates that it finds to be just and
reasonable for each fiscal year,
eby adding after subsection (8) the following:
103( 9) This section does not apply to rate riders established under
the regulations.
103( 10) Despite any other provision of this Act, in determining the
revenue requirements of the Corporation and approving or fixing just
and reasonable rates, the Board shall use
athe capital structure prescribed by regulation, if any,
bthe return on equity prescribed by regulation, if any, or a return on
equity within a range prescribed by regulation, if any, and
cthe method of calculating the return on equity of the Corporation
prescribed by regulation, if any.
33 Subsection 103.1(1) of the Act is amended by striking out “Despite
subsection 103(1),” and substituting “Despite subsection 103(1), as it
existed on December 18, 2020,”.
34 Section 105 of the Act is amended by adding after subsection (3)
the following:
105( 4) This section does not apply to rate riders established under
the regulations.
35 Section 107 of the Act is amended by adding after subsection (12)
the following:
107( 13) The Board shall, on receipt of an application under this
section, proceed under section 127.
36 Paragraph 117.1(c) of the Act is amended by striking out “,
provided that these programs and initiatives are paid for by the
Province”.
37 The Act is amended by adding after section 117.2 the following:
Division F
Regulatory Accounts
Energy Efficiency and Demand Response Deferral Account
117.3( 1) The Corporation shall establish an Energy Efficiency and
Demand Response Deferral Account.
117.3( 2) The Corporation shall maintain the account in accordance
with the operating parameters prescribed by regulation.
117.3( 3) The Corporation is required to maintain books and records
necessary for maintaining the account.
117.3( 4) The Board shall ensure that the balance in the account
ais recovered by the Corporation in accordance with the regulations, and
bis reflected in the rates charged by the Corporation in respect of
the services referred to in section 102.
Regulatory variance accounts
117.4( 1) The Corporation shall establish two regulatory variance
accounts to record the following variances:
athe variance between the actual fuel and purchased power expenses in
a fiscal year and those forecasted for that fiscal year; and
bthe variance between the actual electricity sales and margins in a
fiscal year and those forecasted for that fiscal year.
117.4( 2) Subject to subsections (3) and (4), the Corporation shall
maintain the accounts in accordance with the operating parameters
prescribed by regulation.
117.4( 3) The calculation of the variance in each of the accounts
shall be based on the revenue requirements of the Corporation on which
rates were approved or fixed by the Board.
117.4( 4) Despite subsection (3), for the fiscal year commencing on
April 1, 2022, the calculation of the variance in each of the accounts
shall be based on the revenue requirements of the Corporation approved
by the board of directors of the Corporation.
117.4( 5) Once approved by its board of directors, the Corporation
shall file the Corporation’s revenue requirements referred to in
subsection (4) with the Board.
117.4( 6) Subject to a determination made by the Board under the
regulations, the variance in each of the accounts that is calculated
in accordance with this section and the regulations shall be deemed to
be prudent and necessary.
117.4( 7) The Corporation is required to maintain books and records
necessary to record the variance in each of the accounts for each
fiscal year.
117.4( 8) The Board shall ensure that the balance in each of the accounts is
arecovered by the Corporation or reimbursed to customers in accordance
with the regulations, and
breflected in a rate rider established under the regulations.
Other regulatory accounts
117.5( 1) In this section, “generally accepted public utility
practice” means generally accepted public utility practice as defined
in the Gas Distribution Act, 1999.
117.5( 2) The Board may, in accordance with generally accepted public
utility practice, make an order permitting the Corporation to
establish a regulatory variance account or regulatory deferral
account, for the purpose of ensuring the recovery of prudently
incurred costs of the Corporation and that the rate impact of the
costs is minimized.
117.5( 3) The Board shall authorize the recovery of the balance of any
regulatory variance account or regulatory deferral account established
in an order made under subsection (2) in any manner it considers
appropriate, including determining the period during which the balance
is to be recovered and the amounts to be included in the revenue
requirements of the Corporation in any fiscal year.
38 Subsection 127(1) of the Act is amended by striking out “section
103, 105, 113” and substituting “section 103, 105, 107, 113”.
39 The Act is amended by adding after section 139 the following:
Refurbishment of Mactaquac Generating Station
139.1( 1) In this section, “project” means the project in which the
Corporation replaces the ancillary services, energy and capacity
provided by the Mactaquac Generating Station, and includes any
replacement, refurbishment, maintenance or decommissioning of the
station, and any construction of new generation and transmission
assets to replace the ancillary services, energy and capacity.
139.1( 2) Section 107 does not apply to the project.
139.1( 3) The Lieutenant-Governor in Council may approve the project
subject to any terms and conditions that the Lieutenant-Governor in
Council considers appropriate.
139.1( 4) If the project is approved under subsection (3), the project
shall be deemed to be prudent and the costs and expenses of the
project shall be deemed to be prudent and necessary to carry out the
project.
139.1( 5) If the project is approved under subsection (3), the Board
shall ensure that the costs and expenses of the project are recovered
by the Corporation and reflected in the rates charged by the
Corporation in respect of the services referred to in section 102, and
the recovery of those costs and expenses is deemed to be just and
reasonable for purposes of section 103.
139.1( 6) Despite any other provision of this Act, the Corporation
shall not incur, in relation to the project, capital expenditures in
excess of an amount equal to 10% of the total projected capital costs
of the project before the project has been approved under subsection
(3).
40 Section 142 of the Act is amended
ain subsection (1)
( i) by repealing paragraph (a);
( ii) in paragraph (b) by striking out “subsection 15(7) or 23(7)” and
substituting “subsection 2.12(7), 2.42(7), 15(7) or 23(7)”;
( iii) by adding after paragraph (b) the following:
b.01for the purposes of subsection 2.42(11), respecting circumstances
in which the Lieutenant-Governor in Council may remove the President
and Chief Executive Officer of the Holding Corporation from office;
( iv) in paragraph (b.1) by striking out “President and Chief
Executive Officer” and substituting “President and Chief Executive
Officer of the Corporation”;
( v) by adding after paragraph (e) the following:
e.1prescribing Acts or provisions of Acts that do not apply to a
transfer effected under a transfer order under section 50.1, subject
to any conditions or restrictions prescribed by the regulations;
( vi) by adding after paragraph (f) the following:
f.1for the purposes of subsection 103(10), prescribing a capital
structure of the Corporation to be used by the Board for the purposes
of determining the Corporation’s revenue requirements and approving or
fixing just and reasonable rates;
f.2for the purposes of subsection 103(10), prescribing a return on
equity or a range of return on equity for the purposes of determining
the Corporation’s revenue requirements and approving or fixing just
and reasonable rates;
f.3for the purposes of subsection 103(10), prescribing a method of
calculating the return on equity of the Corporation for the purposes
of determining the Corporation’s revenue requirements and approving or
fixing just and reasonable rates;
( vii) by repealing paragraph (g);
( viii) by adding after paragraph (i) the following:
i.1for the purposes of section 117.3, respecting the Energy Efficiency
and Demand Response Deferral Account, including, without limitation,
( i) the operating parameters for the account, including
( A) qualifying costs to be recorded in the account,
( B) applicable accounting methods,
( C) the method of calculating qualifying costs and the deductions to
be made in calculating the costs, and
( D) rules for the application of financing costs to the account balance,
( ii) the recovery of the balance of the account, including
( A) any applicable amortization period, and
( B) the method of recovery from the rates charged by the Corporation, and
( iii) auditing and oversight requirements;
i.2for the purposes of section 117.4, respecting each of the
regulatory variance accounts, including, without limitation,
( i) their operating parameters, including
( A) applicable accounting methods,
( B) the method of calculating the variances, including the inclusion
or exclusion of any particular cost or revenue, and incentive
thresholds or performance incentives that are considered in the
calculation of the variances, and
( C) rules for the application of financing costs to the account balances,
( ii) auditing and oversight requirements, including the review of
audits by the Board and the approval or revision of the variances by
the Board,
( iii) the recovery of the balance of each account from customers and
the reimbursement of the balance to customers, including
( A) the time period for recovery or reimbursement and the calculation
methods that apply,
( B) the establishment of rate riders, and
( C) the establishment of a minimum and maximum recovery threshold and
a minimum and maximum reimbursement threshold,
( iv) the allocation of the balance of each account among the various
rate classes, and
( v) filing and reporting requirements;
( ix) in paragraph (s), by striking out ““distributed generation” and
“net metering” and” and substituting ““distributed generation”, “net
metering” and “qualifying costs” and”;
bin subsection (4) by striking out “paragraph (1)(a) or (c)” and
substituting “paragraph 1(c)”;
cby adding after subsection (5) the following:
142( 5.1) In a regulation made under paragraph (1)(i.1) or (i.2), the
Lieutenant-Governor in Council may
adelegate a matter to the Board, and
bconfer a discretion on the Board.
CONSEQUENTIAL AMENDMENTS
Regulations under the Electricity Act
41( 1) New Brunswick Regulation 2013-66 under the Electricity Act is amended
ain section 4 by repealing the definition “previous definition of bulk
power system”;
bby repealing the heading “System elements” preceding section 22;
cby repealing section 22;
dby repealing the heading “TRANSITIONAL” preceding section 23;
eby repealing the heading “No orders” preceding section 23;
fby repealing section 23.
41( 2) New Brunswick Regulation 2013-67 under the Electricity Act is amended
aby repealing the heading “Prescribed date” preceding section 4;
bby repealing section 4.
TRANSITIONAL AND COMMENCEMENT
No filing of strategic, financial and capital investment plan
42 Despite subsection 101(1) of the Electricity Act, as that
subsection existed on September 1, 2021, the New Brunswick Power
Corporation shall not file a strategic, financial and capital
investment plan covering the period of 10 fiscal years commencing on
April 1, 2022, and ending on March 31, 2032.
No application for rate approval
43 Despite subsection 103(1) of the Electricity Act, as that
subsection existed on September 1, 2021, the New Brunswick Power
Corporation shall not make an application to the New Brunswick Energy
and Utilities Board for approval of the New Brunswick Power
Corporation’s schedules of rates it proposes to charge for its
services referred to in section 102 of that Act for the fiscal year
which commences on April 1, 2022.
Rates – 2022-2023 fiscal year
44( 1) For the fiscal year which commences on April 1, 2022, the New
Brunswick Power Corporation may impose, across all rate classes, a
uniform increase of not more than 2% in the rates it charges for the
services referred to in section 102 of the Electricity Act without
making an application to the New Brunswick Energy and Utilities Board
for approval of the increase.
44( 2) The New Brunswick Power Corporation shall file new schedules of
rates for its services referred to in section 102 of the Electricity
Act with the New Brunswick Energy and Utilities Board within 30 days
before any increase in the rates is made under subsection (1).
44( 3) When filing new schedules with the New Brunswick Energy and
Utilities Board in relation to any increase in the rates under
subsection (1), the New Brunswick Power Corporation shall include in
the schedules the date the authorization was given by the board of
directors of the New Brunswick Power Corporation to increase the
rates.
44( 4) For the purposes of the Electricity Act, an increase in rates
made under subsection (1) shall be deemed to be approved by the New
Brunswick Energy and Utilities Board under Division B of Part 6 of
that Act.
Commencement
45( 1) Paragraphs 1(a), (b), (c), (d), (e) and (g) and 32(e) and
sections 2 to 29, 34, 37, 40 and 41 of this Act come into force on
April 1, 2022.
45( 2) Sections 42, 43 and 44 of this Act shall be deemed to have come
into force on September 1, 2021.

>
>> Début du message réexpédié :
>>
>> De: "Furey, John" <john.furey@mcinnescooper.com>
>> Objet: RE: Matter 503 - NB Power Application for a variance of a decision
>> / Instance no 503 - Demande d'Énergie NB pour une modification d'une
>> décision
>> Date: 22 novembre 2021 14:39:28 UTC−4
>> À: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
>> "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "gerald@kissnb.com"
>> <gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
>> <cstewart@stewartmckelvey.com>, "hanrahan.dion@jdirving.com"
>> <hanrahan.dion@jdirving.com>, "dave.lavigne@libertyutilities.com"
>> <dave.lavigne@libertyutilities.com>, "Gilles.volpe@libertyutilities.com"
>> <Gilles.volpe@libertyutilities.com>, "Callaghan, Jeffery"
>> <jeffery.callaghan@mcinnescooper.com>, "Viel, Romain"
>> <romain.viel@mcinnescooper.com>, "JGagnon@nbpower.com"
>> <JGagnon@nbpower.com>, "NBPRegulatory@nbpower.com"
>> <NBPRegulatory@nbpower.com>, "SWaycott@nbpower.com"
>> <SWaycott@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>,
>> "heather.black@gnb.ca" <heather.black@gnb.ca>, NBEUB/CESPNB
>> <General@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young,
>> Dave" <Dave.Young@nbeub.ca>, "mletson@lawsoncreamer.com"
>> <mletson@lawsoncreamer.com>, Veronique Otis <Veronique.Otis@nbeub.ca>,
>> Katherine McBrearty <Katherine.McBrearty@nbeub.ca>, "rdk@indecon.com"
>> <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
>> "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
>> "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>,
>> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
>> "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
>> "sstoll@airdberlis.com" <sstoll@airdberlis.com>, "pzarnett@bdrenergy.com"
>> <pzarnett@bdrenergy.com>
>>
>> Dear Ms. Mitchell,
>>
>> In my correspondence of November 10, 2021, I provided the Board and all
>> parties with a link to the text of Bill 77. As I intend to request that
>> the Bill be filed with the Board in this Matter, I now attach the draft
>> Bill in pdf format.
>>
>> I trust this is satisfactory.
>>
>> Regards,
>>
>> John
>>
>>
>> John Furey
>> Counsel
>> McInnes Cooper
>>
>> tel +1 (506) 458 1628 | fax +1 (506) 458 9903 | mobile +1 (506) 282 0380
>>
>> Barker House, Suite 600
>> 570 Queen Street
>> PO Box 610 Fredericton, NB, E3B 5A6
>>
>> asst Nanette Phillips | +1 (506) 458 1629
>>
>>
>>
>> From: Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca
>> <mailto:Kathleen.Mitchell@nbeub.ca>>
>> Sent: Friday, November 12, 2021 12:40 PM
>> To: david.sollows@gnb.ca <mailto:david.sollows@gnb.ca>; gerald@kissnb.com
>> <mailto:gerald@kissnb.com>; cstewart@stewartmckelvey.com
>> <mailto:cstewart@stewartmckelvey.com>; hanrahan.dion@jdirving.com
>> <mailto:hanrahan.dion@jdirving.com>; dave.lavigne@libertyutilities.com
>> <mailto:dave.lavigne@libertyutilities.com>;
>> Gilles.volpe@libertyutilities.com
>> <mailto:Gilles.volpe@libertyutilities.com>; Callaghan, Jeffery
>> <jeffery.callaghan@mcinnescooper.com
>> <mailto:jeffery.callaghan@mcinnescooper.com>>; Viel, Romain
>> <romain.viel@mcinnescooper.com <mailto:romain.viel@mcinnescooper.com>>;
>> Furey, John <john.furey@mcinnescooper.com
>> <mailto:john.furey@mcinnescooper.com>>; JGagnon@nbpower.com
>> <mailto:JGagnon@nbpower.com>; NBPRegulatory@nbpower.com
>> <mailto:NBPRegulatory@nbpower.com>; SWaycott@nbpower.com
>> <mailto:SWaycott@nbpower.com>; bcrawford@nbpower.com
>> <mailto:bcrawford@nbpower.com>; heather.black@gnb.ca
>> <mailto:heather.black@gnb.ca>; Mitchell, Kathleen
>> <Kathleen.Mitchell@nbeub.ca <mailto:Kathleen.Mitchell@nbeub.ca>>;
>> NBEUB/CESPNB <General@nbeub.ca <mailto:General@nbeub.ca>>; Dickie, Michael
>> <Michael.Dickie@nbeub.ca <mailto:Michael.Dickie@nbeub.ca>>; Young, Dave
>> <Dave.Young@nbeub.ca <mailto:Dave.Young@nbeub.ca>>;
>> mletson@lawsoncreamer.com <mailto:mletson@lawsoncreamer.com>; Veronique
>> Otis <Veronique.Otis@nbeub.ca <mailto:Veronique.Otis@nbeub.ca>>; Katherine
>> McBrearty <Katherine.McBrearty@nbeub.ca
>> <mailto:Katherine.McBrearty@nbeub.ca>>; rdk@indecon.com
>> <mailto:rdk@indecon.com>; rrichard@nb.aibn.com
>> <mailto:rrichard@nb.aibn.com>; jeff.garrett@sjenergy.com
>> <mailto:jeff.garrett@sjenergy.com>; dan.dionne@perth-andover.com
>> <mailto:dan.dionne@perth-andover.com>; pierreroy@edmundston.ca
>> <mailto:pierreroy@edmundston.ca>; ray.robinson@sjenergy.com
>> <mailto:ray.robinson@sjenergy.com>; sstoll@airdberlis.com
>> <mailto:sstoll@airdberlis.com>; pzarnett@bdrenergy.com
>> <mailto:pzarnett@bdrenergy.com>
>> Subject: [EXTERNAL] Matter 503 - NB Power Application for a variance of a
>> decision / Instance no 503 - Demande d'Énergie NB pour une modification
>> d'une décision
>>
>> Good afternoon, <>
>>
>> The New Brunswick Energy and Utilities Board is in receipt of a letter
>> from NB Power dated November 10, 2021 in which NB Power releases their
>> claim for confidentiality on their application in the above noted Matter.
>> Board Staff subsequently filed a letter dated November 12 acknowledging
>> that the release of the NB Power Claim satisfies their objection. In
>> addition, Utilities Municipal filed a submission acknowledging that the
>> release of the NB Power Claim satisfies their concerns. As such, there
>> will be no public interest hearing on Monday, November 15.
>>
>>
>> Bonjour,
>>
>> La Commission de l’énergie et des services publics du Nouveau-Brunswick a
>> reçu une lettre d'Énergie NB datée du 10 novembre 2021 dans laquelle
>> Énergie NB libère sa demande de confidentialité sur sa demande dans
>> l’instance susmentionnée. Le personnel de la Commission a par la suite
>> déposé une lettre datée du 12 novembre reconnaissant que la libération de
>> la réclamation d'Énergie NB satisfaisait leur objection. En plus,
>> Utilities Municipal a déposé une soumission datée du 12 novembre
>> reconnaissant que la libération de la réclamation d'Énergie NB
>> satisfaisait leur préoccupations. Par conséquent, il n'y aura pas
>> d'audience d'intérêt public le lundi 15 novembre.
>>
>>
>> Kathleen Mitchell
>> Chief Clerk / Greffière en chef
>> (506) 658-2504 (Reception/Réception)
>> (506) 643-7324 (Direct/Ligne directe)
>>
>>
>>
>> Confidentiality Notice
>>
>> This private message (and any attachments) is for the exclusive use of the
>> individual for whom, or entity for which, it is intended. It may contain
>> information that is privileged, confidential or exempt from disclosure by
>> law. Its author does not waive the protection afforded to it under
>> applicable law. Disclosure to anyone other than the intended recipient
>> does not constitute waiver of privilege. Its possession or usage, by any
>> person other than the one for whom it is intended, is not authorized by
>> its author and is strictly prohibited. If you have received this
>> communication in error, please notify us immediately, at our expense, by
>> telephone at (506) 658-2504. Also, if you received this email in error,
>> delete it and any attachments from your computer system and records. Thank
>> you.
>>
>> Avis de confidentialité
>>
>> Ce message privé (et toutes les pièces jointes) est à l'usage exclusif de
>> la personne pour laquelle ou entité pour laquelle, il est destiné. Il peut
>> contenir des informations qui sont personnelles, confidentielles ou
>> exemptées de la divulgation par la loi. Son auteur ne renonce pas à la
>> protection accordée en vertu de la loi applicable. Sa divulgation à toute
>> personne autre que son destinataire ne constitue pas une renonciation de
>> privilège. Sa possession ou l'utilisation, par une personne autre que
>> celle pour laquelle il est destiné, n'est pas autorisée par son auteur et
>> est strictement interdite. Si vous recevez cette communication par
>> erreur, veuillez nous appeler dans les plus brefs délais, à frais virés,
>> au (506) 658-2504. Aussi, si vous avez reçu ce courriel par erreur,
>> veuillez effacer ce courriel, ainsi que les pièces jointes, de votre
>> système informatique et de vos dossiers. Merci.
>>
>>
>> NOTICE The health, safety and welfare of our people, our clients and our
>> communities, as well as our commitment to continued service, is our top
>> priority. Please visit our COVID‐19 Resource Centre
>> <https://www.mcinnescooper.com/news/covid-19-mcinnes-coopers-commitment-in-action/>
>> to learn more about how we can support you on the path forward.
>> AVIS La santé, la sécurité et le bien‐être de nos gens, de nos clients et
>> de nos communautés sont notre priorité au même titre que notre engagement
>> envers un service continu. Nous vous invitons à consulter notre Centre de
>> ressources COVID‐19
>> <https://www.mcinnescooper.com/news/covid-19-mcinnes-coopers-commitment-in-action/>
>> pour savoir ce que nous pouvons faire pour vous soutenir sur la voie à
>> suivre.
>>
>> Notice This communication, including any attachments, is confidential and
>> may be protected by solicitor/client privilege. It is intended only for
>> the person or persons to whom it is addressed. If you have received this
>> e-mail in error, please notify the sender by e-mail or telephone at
>> McInnes Cooper's expense.
>> Avis Les informations contenues dans ce courriel, y compris toute(s)
>> pièce(s) jointe(s), sont confidentielles et peuvent faire l'objet d'un
>> privilège avocat-client. Les informations sont dirigées au(x)
>> destinataire(s) seulement. Si vous avez reçu ce courriel par erreur,
>> veuillez en aviser l'expéditeur par courriel ou par téléphone, aux frais
>> de McInnes Cooper.
>
>

On 11/10/21, David Amos <david.raymond.amos333@gmail.com> wrote:
> ---------- Forwarded message ----------
> From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
> Date: Wed, 10 Nov 2021 17:23:25 +0000
> Subject: RE: Hey Nicky Methinks David Coon and everybody else knows
> why I would never agree to Higgy's brand new plan for NB Power to deal
> with the Liebranos within the EUB N'esy Pas???
> To: David Amos <david.raymond.amos333@gmail.com>
>
> Hello,
> Thank you for taking the time to write.
>
> Due to the volume of incoming messages, this is an automated response
> to let you know that your email has been received and will be reviewed
> at the earliest opportunity.
>
> If your inquiry more appropriately falls within the mandate of a
> Ministry or other area of government, staff will refer your email for
> review and consideration.
>
> Merci d'avoir pris le temps de nous écrire.
>
> En raison du volume des messages reçus, cette réponse automatique vous
> informe que votre courriel a été reçu et sera examiné dans les
> meilleurs délais.
>
> Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
> secteur du gouvernement, le personnel vous renverra votre courriel
> pour examen et considération.
>
> If this is a Media Request, please contact the Premier’s office at
> (506) 453-2144 or by email
> media-medias@gnb.ca<mailto:media-medias@gnb.ca>
>
> S’il s’agit d’une demande des médias, veuillez communiquer avec le
> Cabinet du premier ministre au 506-453-2144.
>
> Office of the Premier/Cabinet du premier ministre
> P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1
> Canada
> Tel./Tel. : (506) 453-2144
> Email/Courriel:
> premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>
>
>
>
> ---------- Forwarded message ----------
> From: "Fitch, Bruce Hon. (SD/DS)" <Bruce.Fitch@gnb.ca>
> Date: Wed, 10 Nov 2021 17:23:25 +0000
> Subject: Automatic reply: Hey Nicky Methinks David Coon and everybody
> else knows why I would never agree to Higgy's brand new plan for NB
> Power to deal with the Liebranos within the EUB N'esy Pas???
> To: David Amos <david.raymond.amos333@gmail.com>
>
> Thank you for your email. Your thoughts, comments and input are greatly
> valued.
>
> You can be assured that all emails and letters are carefully read,
> reviewed and taken into consideration.
>
> If your request is Constituency related, please contact Kathy Connors
> at my Constituency office in Riverview at Kathy.Connors@gnb.ca or by
> phone at 506-869-6117.
>
> Thanks again for your email.
>
> Hon. Bruce Fitch
> MLA for Riverview
> ------------------------------------------------------------------------------------------------
> Merci pour votre courriel. Nous vous sommes très reconnaissants de
> nous avoir fait part de vos idées, commentaires et observations.
>
> Nous tenons à vous assurer que nous lisons attentivement et prenons en
> considération tous les courriels et lettres que nous recevons.
>
> Si votre demande est liée à la circonscription, veuillez contacter
> Kathy Connors à mon bureau de circonscription à Riverview à
> Kathy.Connors@gnb.ca ou par téléphone au 506-869-6117.
>
> Merci encore pour votre courriel.
>
> L'hon. Bruce Fitch
> Député de Riverview
>
>
> ---------- Forwarded message ----------
> From: NBEUB/CESPNB <General@nbeub.ca>
> Date: Wed, 10 Nov 2021 18:16:03 +0000
> Subject: RE: Hey Nicky Methinks David Coon and everybody else knows
> why I would never agree to Higgy's brand new plan for NB Power to deal
> with the Liebranos within the EUB N'esy Pas???
> To: David Amos <david.raymond.amos333@gmail.com>
>
> Thank you for your email to the New Brunswick Energy and Utilities Board.
>
> This is to acknowledge receipt of the information you have filed with
> the Board.
>
>
> La Commission de l’énergie et des services publics du
> Nouveau-Brunswick vous remercie pour votre courriel.
>
> Nous accusons réception de l’information que vous avez déposée auprès
> de la Commission.
>
> Sarah Thebeau
> Administrative Assistant / Assistante administrative
> (506) 658-2504 (Reception)
> (506) 658-2711 (Direct)
>
>
> Confidentiality Notice
>
> This private message (and any attachments) is for the exclusive use of
> the individual for whom, or entity for which, it is intended. It may
> contain information that is privileged, confidential or exempt from
> disclosure by law. Its author does not waive the protection afforded
> to it under applicable law. Disclosure to anyone other than the
> intended recipient does not constitute waiver of privilege. Its
> possession or usage, by any person other than the one for whom it is
> intended, is not authorized by its author and is strictly prohibited.
> If you have received this communication in error, please notify us
> immediately, at our expense, by telephone at (506) 658-2504. Also, if
> you received this email in error, delete it and any attachments from
> your computer system and records. Thank you.
>
> Avis de confidentialité
>
> Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
> de la personne pour laquelle ou entité pour laquelle, il est destiné.
> Il peut contenir des informations qui sont personnelles,
> confidentielles ou exemptées de la divulgation par la loi. Son auteur
> ne renonce pas à la protection accordée en vertu de la loi applicable.
> Sa divulgation à toute personne autre que son destinataire ne
> constitue pas une renonciation de privilège. Sa possession ou
> l'utilisation, par une personne autre que celle pour laquelle il est
> destiné, n'est pas autorisée par son auteur et est strictement
> interdite. Si vous recevez cette communication par erreur, veuillez
> nous appeler dans les plus brefs délais, à frais virés, au (506)
> 658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
> effacer ce courriel, ainsi que les pièces jointes, de votre système
> informatique et de vos dossiers. Merci.
>
>
>
>> Début du message réexpédié :
>>
>> De: "Furey, John" <john.furey@mcinnescooper.com>
>> Objet: RE: Matter 503 - NB Power Application for a variance of a decision
>> / Instance no 503 - Demande d'Énergie NB pour une modification d'une
>> décision
>> Date: 10 novembre 2021 16:32:21 UTC−4
>> À: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
>> "david.sollows@gnb.ca" <david.sollows@gnb.ca>,
>> "dave.lavigne@libertyutilities.com" <dave.lavigne@libertyutilities.com>,
>> "Gilles.volpe@libertyutilities.com" <Gilles.volpe@libertyutilities.com>,
>> "Callaghan, Jeffery" <jeffery.callaghan@mcinnescooper.com>,
>> "gerald@kissnb.com" <gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
>> <cstewart@stewartmckelvey.com>, "hanrahan.dion@jdirving.com"
>> <hanrahan.dion@jdirving.com>, "SWaycott@nbpower.com"
>> <SWaycott@nbpower.com>, "NBPRegulatory@nbpower.com"
>> <NBPRegulatory@nbpower.com>, "bcrawford@nbpower.com"
>> <bcrawford@nbpower.com>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>,
>> "Young, Dave" <Dave.Young@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>,
>> "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
>> <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
>> "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
>> "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>,
>> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
>> "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
>> "sstoll@airdberlis.com" <sstoll@airdberlis.com>, "pzarnett@bdrenergy.com"
>> <pzarnett@bdrenergy.com>, "Viel, Romain" <romain.viel@mcinnescooper.com>,
>> "JGagnon@nbpower.com" <JGagnon@nbpower.com>, "Lawson, Gerald"
>> <glawson@lawsoncreamer.com>, "mletson@lawsoncreamer.com"
>> <mletson@lawsoncreamer.com>, Veronique Otis <Veronique.Otis@nbeub.ca>,
>> Katherine McBrearty <Katherine.McBrearty@nbeub.ca>, Brandy Gellner
>> <Brandy.Gellner@libertyutilities.com>
>>
>> Dear Ms. Mitchell,
>>
>> In relation to the Public Interest Hearing scheduled for Monday, November
>> 15, 2021, please find attached correspondence on behalf of NB Power.
>>
>> For convenience, the link referred to in my correspondence is reproduced
>> below:
>>
>> https://www.gnb.ca/legis/bill/pdf/60/1/Bill-77.pdf
>> <https://www.gnb.ca/legis/bill/pdf/60/1/Bill-77.pdf>
>>
>> Regards,
>>
>> John
>>
>>
>>
>> John Furey
>> Counsel
>> McInnes Cooper
>>
>> tel +1 (506) 458 1628 | fax +1 (506) 458 9903 | mobile +1 (506) 282 0380
>>
>> Barker House, Suite 600
>> 570 Queen Street
>> PO Box 610 Fredericton, NB, E3B 5A6
>>
>> asst Nanette Phillips | +1 (506) 458 1629
>>
>>
>>
>> From: Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca
>> <mailto:Kathleen.Mitchell@nbeub.ca>>
>> Sent: Friday, October 29, 2021 4:23 PM
>> To: Furey, John <john.furey@mcinnescooper.com
>> <mailto:john.furey@mcinnescooper.com>>; david.sollows@gnb.ca
>> <mailto:david.sollows@gnb.ca>; dave.lavigne@libertyutilities.com
>> <mailto:dave.lavigne@libertyutilities.com>;
>> Gilles.volpe@libertyutilities.com
>> <mailto:Gilles.volpe@libertyutilities.com>; Callaghan, Jeffery
>> <jeffery.callaghan@mcinnescooper.com
>> <mailto:jeffery.callaghan@mcinnescooper.com>>; gerald@kissnb.com
>> <mailto:gerald@kissnb.com>; cstewart@stewartmckelvey.com
>> <mailto:cstewart@stewartmckelvey.com>; hanrahan.dion@jdirving.com
>> <mailto:hanrahan.dion@jdirving.com>; SWaycott@nbpower.com
>> <mailto:SWaycott@nbpower.com>; NBPRegulatory@nbpower.com
>> <mailto:NBPRegulatory@nbpower.com>; bcrawford@nbpower.com
>> <mailto:bcrawford@nbpower.com>; Dickie, Michael <Michael.Dickie@nbeub.ca
>> <mailto:Michael.Dickie@nbeub.ca>>; Young, Dave <Dave.Young@nbeub.ca
>> <mailto:Dave.Young@nbeub.ca>>; NBEUB/CESPNB <General@nbeub.ca
>> <mailto:General@nbeub.ca>>; heather.black@gnb.ca
>> <mailto:heather.black@gnb.ca>; rdk@indecon.com <mailto:rdk@indecon.com>;
>> rrichard@nb.aibn.com <mailto:rrichard@nb.aibn.com>;
>> jeff.garrett@sjenergy.com <mailto:jeff.garrett@sjenergy.com>;
>> dan.dionne@perth-andover.com <mailto:dan.dionne@perth-andover.com>;
>> pierreroy@edmundston.ca <mailto:pierreroy@edmundston.ca>;
>> ray.robinson@sjenergy.com <mailto:ray.robinson@sjenergy.com>;
>> sstoll@airdberlis.com <mailto:sstoll@airdberlis.com>;
>> pzarnett@bdrenergy.com <mailto:pzarnett@bdrenergy.com>; Viel, Romain
>> <romain.viel@mcinnescooper.com <mailto:romain.viel@mcinnescooper.com>>;
>> JGagnon@nbpower.com <mailto:JGagnon@nbpower.com>; Lawson, Gerald
>> <glawson@lawsoncreamer.com <mailto:glawson@lawsoncreamer.com>>;
>> mletson@lawsoncreamer.com <mailto:mletson@lawsoncreamer.com>; Veronique
>> Otis <Veronique.Otis@nbeub.ca <mailto:Veronique.Otis@nbeub.ca>>; Katherine
>> McBrearty <Katherine.McBrearty@nbeub.ca
>> <mailto:Katherine.McBrearty@nbeub.ca>>; Brandy Gellner
>> <Brandy.Gellner@libertyutilities.com
>> <mailto:Brandy.Gellner@libertyutilities.com>>; Mitchell, Kathleen
>> <Kathleen.Mitchell@nbeub.ca <mailto:Kathleen.Mitchell@nbeub.ca>>
>> Subject: [EXTERNAL] Matter 503 - NB Power Application for a variance of a
>> decision / Instance no 503 - Demande d'Énergie NB pour une modification
>> d'une décision
>>
>> Good afternoon, <>
>>
>> Please find attached a letter in connection with the above-noted matter.
>>
>>
>> Bonjour,
>>
>> S'il vous plait, trouvez ci-joint une lettre dans la cadre de l'instance
>> susmentionnée.
>>
>>
>> Kathleen Mitchell
>> Chief Clerk / Greffière en chef
>> (506) 658-2504 (Reception/Réception)
>> (506) 643-7324 (Direct/Ligne directe)
>>
>>
>>
>> Confidentiality Notice
>>
>> This private message (and any attachments) is for the exclusive use of the
>> individual for whom, or entity for which, it is intended. It may contain
>> information that is privileged, confidential or exempt from disclosure by
>> law. Its author does not waive the protection afforded to it under
>> applicable law. Disclosure to anyone other than the intended recipient
>> does not constitute waiver of privilege. Its possession or usage, by any
>> person other than the one for whom it is intended, is not authorized by
>> its author and is strictly prohibited. If you have received this
>> communication in error, please notify us immediately, at our expense, by
>> telephone at (506) 658-2504. Also, if you received this email in error,
>> delete it and any attachments from your computer system and records. Thank
>> you.
>>
>> Avis de confidentialité
>>
>> Ce message privé (et toutes les pièces jointes) est à l'usage exclusif de
>> la personne pour laquelle ou entité pour laquelle, il est destiné. Il peut
>> contenir des informations qui sont personnelles, confidentielles ou
>> exemptées de la divulgation par la loi. Son auteur ne renonce pas à la
>> protection accordée en vertu de la loi applicable. Sa divulgation à toute
>> personne autre que son destinataire ne constitue pas une renonciation de
>> privilège. Sa possession ou l'utilisation, par une personne autre que
>> celle pour laquelle il est destiné, n'est pas autorisée par son auteur et
>> est strictement interdite. Si vous recevez cette communication par
>> erreur, veuillez nous appeler dans les plus brefs délais, à frais virés,
>> au (506) 658-2504. Aussi, si vous avez reçu ce courriel par erreur,
>> veuillez effacer ce courriel, ainsi que les pièces jointes, de votre
>> système informatique et de vos dossiers. Merci.
>>
>> NOTICE The health, safety and welfare of our people, our clients and our
>> communities, as well as our commitment to continued service, is our top
>> priority. Please visit our COVID‐19 Resource Centre
>> <https://www.mcinnescooper.com/news/covid-19-mcinnes-coopers-commitment-in-action/>
>> to learn more about how we can support you on the path forward.
>> AVIS La santé, la sécurité et le bien‐être de nos gens, de nos clients et
>> de nos communautés sont notre priorité au même titre que notre engagement
>> envers un service continu. Nous vous invitons à consulter notre Centre de
>> ressources COVID‐19
>> <https://www.mcinnescooper.com/news/covid-19-mcinnes-coopers-commitment-in-action/>
>> pour savoir ce que nous pouvons faire pour vous soutenir sur la voie à
>> suivre.
>>
>> Notice This communication, including any attachments, is confidential and
>> may be protected by solicitor/client privilege. It is intended only for
>> the person or persons to whom it is addressed. If you have received this
>> e-mail in error, please notify the sender by e-mail or telephone at
>> McInnes Cooper's expense.
>> Avis Les informations contenues dans ce courriel, y compris toute(s)
>> pièce(s) jointe(s), sont confidentielles et peuvent faire l'objet d'un
>> privilège avocat-client. Les informations sont dirigées au(x)
>> destinataire(s) seulement. Si vous avez reçu ce courriel par erreur,
>> veuillez en aviser l'expéditeur par courriel ou par téléphone, aux frais
>> de McInnes Cooper.
>

Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>

---------- Original message ----------
From: Katherine McBrearty <Katherine.McBrearty@nbeub.ca>
Date: Thu, 11 Nov 2021 02:32:16 +0000
Subject: Automatic reply: RE NB Power and EUB Matter 503 Methinks
David Coon and the LIEbranos should remind Higgy and the mindless Mr
Furey that the Fat Lady aint sung about the dubious Bill 77 yet N'esy
Pas???
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

I will be out of the office until Monday, November 15, 2021.

If you require assistance please dial 506-658-2504 or email general@nbeub.ca.

Thank you

***
Bonjour,

Je serai a l'extérieure du bureau jusqu'au lundi 15 novembre 2021.

Si vous avez besoin d'assistance s.v.p. composer le 506-658-2504 ou
envoyer un courriel à general@cespnb.ca<mailto:general@cespnb.ca>.

Merci

---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Fri, 12 Nov 2021 12:23:25 +0000
Subject: RE: RE NB Power and EUB Matter 503 Methinks David Coon and
the LIEbranos should remind Higgy and the mindless Mr Furey that the
Fat Lady aint sung about the dubious Bill 77 yet N'esy Pas???
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email to the New Brunswick Energy and Utilities Board.

This is to acknowledge receipt of the information you have filed with
the Board.

La Commission de l’énergie et des services publics du
Nouveau-Brunswick vous remercie pour votre courriel.

Nous accusons réception de l’information que vous avez déposée auprès
de la Commission.

Sarah Thebeau
Administrative Assistant / Assistante administrative
(506) 658-2504 (Reception)
(506) 658-2711 (Direct)

Confidentiality Notice

This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.

Avis de confidentialité

Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.

-----Original Message-----
From: David Amos [mailto:david.raymond.amos333@gmail.com]
Sent: Wednesday, November 10, 2021 10:32 PM
To: NBP Regulatory <NBPRegulatory@nbpower.com>; Mitchell, Kathleen
<Kathleen.Mitchell@nbeub.ca>; louis-philippe.gauthier@cfib.ca;
david.sollows@gnb.ca; Gilles.volpe@libertyutilities.com;
Paul.Volpe@libertyutilities.com; dave.lavigne@libertyutilities.com;
Hoyt, Len <len.hoyt@mcinnescooper.com>;
jeffery.callaghan@mcinnescooper.com; rzarumba@ceadvisors.com;
gerald@kissnb.com; cstewart@stewartmckelvey.com;
hanrahan.dion@jdirving.com; john.furey@mcinnescooper.com; NBEUB/CESPNB
<General@nbeub.ca>; Dickie, Michael <Michael.Dickie@nbeub.ca>; Lawton,
John <John.Lawton@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>;
Ahmad.Faruqui@brattle.com; Cecile.Bourbonnais@brattle.com;
heather.black@gnb.ca; rdk@indecon.com; rrichard@nb.aibn.com;
sussexsharingclub@nb.aibn.com; margot.cragg@umnb.ca;
jeff.garrett@sjenergy.com; dan.dionne@perth-andover.com;
pierreroy@edmundston.ca; ray.robinson@sjenergy.com;
sstoll@airdberlis.com; pzarnett@bdrenergy.com;
leducjr@nb.sympatico.ca; lizkramer@hotmail.com;
mletson@lawsoncreamer.com; Katherine McBrearty
<Katherine.McBrearty@nbeub.ca>; DaMurphy@nbpower.com;
SWaycott@nbpower.com; George.Porter@nbpower.com; JPetrie@nbpower.com;
BCrawford@nbpower.com; mike.holland@gnb.ca; Ross.Wetmore@gnb.ca;
blaine.higgs@gnb.ca; Mike.Comeau@gnb.ca; hugh.flemming@gnb.ca; LEG
<megan.mitton@gnb.ca>; y <michelle.conroy@gnb.ca>; kris.austin@gnb.ca;
kevin.a.arseneau@gnb.ca; robert.mckee@gnb.ca; rob.moore@parl.gc.ca;
roger.l.melanson@gnb.ca; robert.gauvin <robert.gauvin@gnb.ca>;
Katie.Telford@pmo-cpm.gc.ca; nick.brown@gnb.ca; dan.murphy@umnb.ca;
bruce.fitch@gnb.ca; david.coon@gnb.ca; andre@jafaust.com;
oldmaison@yahoo.com; michelle.conoy@gnb.ca; Sean.Fraser
<Sean.Fraser@parl.gc.ca>; pm@pm.gc.ca
Cc: motomaniac333 <motomaniac333@gmail.com>
Subject: RE NB Power and EUB Matter 503 Methinks David Coon and the
LIEbranos should remind Higgy and the mindless Mr Furey that the Fat
Lady aint sung about the dubious Bill 77 yet N'esy Pas???

---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Wed, 10 Nov 2021 17:23:25 +0000
Subject: RE: Hey Nicky Methinks David Coon and everybody else knows
why I would never agree to Higgy's brand new plan for NB Power to deal
with the Liebranos within the EUB N'esy Pas???
To: David Amos <david.raymond.amos333@gmail.com>

Hello,
Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre P.O Box/C. P. 6000
Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1 Canada Tel./Tel. :
(506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>

---------- Forwarded message ----------
From: "Fitch, Bruce Hon. (SD/DS)" <Bruce.Fitch@gnb.ca>
Date: Wed, 10 Nov 2021 17:23:25 +0000
Subject: Automatic reply: Hey Nicky Methinks David Coon and everybody
else knows why I would never agree to Higgy's brand new plan for NB
Power to deal with the Liebranos within the EUB N'esy Pas???
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email. Your thoughts, comments and input are greatly valued.

You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.

If your request is Constituency related, please contact Kathy Connors
at my Constituency office in Riverview at Kathy.Connors@gnb.ca or by
phone at 506-869-6117.

Thanks again for your email.

Hon. Bruce Fitch
MLA for Riverview
------------------------------------------------------------------------------------------------
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.

Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.

Si votre demande est liée à la circonscription, veuillez contacter
Kathy Connors à mon bureau de circonscription à Riverview à
Kathy.Connors@gnb.ca ou par téléphone au 506-869-6117.

Merci encore pour votre courriel.

L'hon. Bruce Fitch
Député de Riverview

---------- Forwarded message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Wed, 10 Nov 2021 18:16:03 +0000
Subject: RE: Hey Nicky Methinks David Coon and everybody else knows
why I would never agree to Higgy's brand new plan for NB Power to deal
with the Liebranos within the EUB N'esy Pas???
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email to the New Brunswick Energy and Utilities Board.

This is to acknowledge receipt of the information you have filed with the Board.

La Commission de l’énergie et des services publics du
Nouveau-Brunswick vous remercie pour votre courriel.

Nous accusons réception de l’information que vous avez déposée auprès
de la Commission.

Sarah Thebeau
Administrative Assistant / Assistante administrative
(506) 658-2504 (Reception)
(506) 658-2711 (Direct)

Confidentiality Notice

This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.

Avis de confidentialité

Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.

> Début du message réexpédié :
>
> De: "Furey, John" <john.furey@mcinnescooper.com>
> Objet: RE: Matter 503 - NB Power Application for a variance of a
> decision / Instance no 503 - Demande d'Énergie NB pour une
> modification d'une décision
> Date: 10 novembre 2021 16:32:21 UTC−4
> À: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
> "david.sollows@gnb.ca" <david.sollows@gnb.ca>,
> "dave.lavigne@libertyutilities.com"
> <dave.lavigne@libertyutilities.com>,
> "Gilles.volpe@libertyutilities.com"
> <Gilles.volpe@libertyutilities.com>, "Callaghan, Jeffery"
> <jeffery.callaghan@mcinnescooper.com>, "gerald@kissnb.com"
> <gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
> <cstewart@stewartmckelvey.com>, "hanrahan.dion@jdirving.com"
> <hanrahan.dion@jdirving.com>, "SWaycott@nbpower.com"
> <SWaycott@nbpower.com>, "NBPRegulatory@nbpower.com"
> <NBPRegulatory@nbpower.com>, "bcrawford@nbpower.com"
> <bcrawford@nbpower.com>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>,
> "Young, Dave" <Dave.Young@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>,
> "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
> <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
> "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
> "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>,
> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
> "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
> "sstoll@airdberlis.com" <sstoll@airdberlis.com>,
> "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, "Viel, Romain"
> <romain.viel@mcinnescooper.com>, "JGagnon@nbpower.com"
> <JGagnon@nbpower.com>, "Lawson, Gerald" <glawson@lawsoncreamer.com>,
> "mletson@lawsoncreamer.com" <mletson@lawsoncreamer.com>, Veronique
> Otis <Veronique.Otis@nbeub.ca>, Katherine McBrearty
> <Katherine.McBrearty@nbeub.ca>, Brandy Gellner
> <Brandy.Gellner@libertyutilities.com>
>
> Dear Ms. Mitchell,
>
> In relation to the Public Interest Hearing scheduled for Monday, November 15, 2021, please find attached correspondence on behalf of NB Power.
>
> For convenience, the link referred to in my correspondence is reproduced below:
>
> https://www.gnb.ca/legis/bill/pdf/60/1/Bill-77.pdf
> <https://www.gnb.ca/legis/bill/pdf/60/1/Bill-77.pdf>
>
> Regards,
>
> John
>
>
>
> John Furey
> Counsel
> McInnes Cooper
>
> tel +1 (506) 458 1628 | fax +1 (506) 458 9903 | mobile +1 (506) 282
> 0380
>
> Barker House, Suite 600
> 570 Queen Street
> PO Box 610 Fredericton, NB, E3B 5A6
>
> asst Nanette Phillips | +1 (506) 458 1629
>
>
>
> From: Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca
> <mailto:Kathleen.Mitchell@nbeub.ca>>
> Sent: Friday, October 29, 2021 4:23 PM
> To: Furey, John <john.furey@mcinnescooper.com
> <mailto:john.furey@mcinnescooper.com>>; david.sollows@gnb.ca
> <mailto:david.sollows@gnb.ca>; dave.lavigne@libertyutilities.com
> <mailto:dave.lavigne@libertyutilities.com>;
> Gilles.volpe@libertyutilities.com
> <mailto:Gilles.volpe@libertyutilities.com>; Callaghan, Jeffery
> <jeffery.callaghan@mcinnescooper.com
> <mailto:jeffery.callaghan@mcinnescooper.com>>; gerald@kissnb.com
> <mailto:gerald@kissnb.com>; cstewart@stewartmckelvey.com
> <mailto:cstewart@stewartmckelvey.com>; hanrahan.dion@jdirving.com
> <mailto:hanrahan.dion@jdirving.com>; SWaycott@nbpower.com
> <mailto:SWaycott@nbpower.com>; NBPRegulatory@nbpower.com
> <mailto:NBPRegulatory@nbpower.com>; bcrawford@nbpower.com
> <mailto:bcrawford@nbpower.com>; Dickie, Michael
> <Michael.Dickie@nbeub.ca <mailto:Michael.Dickie@nbeub.ca>>; Young,
> Dave <Dave.Young@nbeub.ca <mailto:Dave.Young@nbeub.ca>>; NBEUB/CESPNB
> <General@nbeub.ca <mailto:General@nbeub.ca>>; heather.black@gnb.ca
> <mailto:heather.black@gnb.ca>; rdk@indecon.com
> <mailto:rdk@indecon.com>; rrichard@nb.aibn.com
> <mailto:rrichard@nb.aibn.com>; jeff.garrett@sjenergy.com
> <mailto:jeff.garrett@sjenergy.com>; dan.dionne@perth-andover.com
> <mailto:dan.dionne@perth-andover.com>; pierreroy@edmundston.ca
> <mailto:pierreroy@edmundston.ca>; ray.robinson@sjenergy.com
> <mailto:ray.robinson@sjenergy.com>; sstoll@airdberlis.com
> <mailto:sstoll@airdberlis.com>; pzarnett@bdrenergy.com
> <mailto:pzarnett@bdrenergy.com>; Viel, Romain
> <romain.viel@mcinnescooper.com
> <mailto:romain.viel@mcinnescooper.com>>; JGagnon@nbpower.com
> <mailto:JGagnon@nbpower.com>; Lawson, Gerald
> <glawson@lawsoncreamer.com <mailto:glawson@lawsoncreamer.com>>;
> mletson@lawsoncreamer.com <mailto:mletson@lawsoncreamer.com>;
> Veronique Otis <Veronique.Otis@nbeub.ca
> <mailto:Veronique.Otis@nbeub.ca>>; Katherine McBrearty
> <Katherine.McBrearty@nbeub.ca <mailto:Katherine.McBrearty@nbeub.ca>>;
> Brandy Gellner <Brandy.Gellner@libertyutilities.com
> <mailto:Brandy.Gellner@libertyutilities.com>>; Mitchell, Kathleen
> <Kathleen.Mitchell@nbeub.ca <mailto:Kathleen.Mitchell@nbeub.ca>>
> Subject: [EXTERNAL] Matter 503 - NB Power Application for a variance
> of a decision / Instance no 503 - Demande d'Énergie NB pour une
> modification d'une décision
>
> Good afternoon, <>
>
> Please find attached a letter in connection with the above-noted matter.
>
>
> Bonjour,
>
> S'il vous plait, trouvez ci-joint une lettre dans la cadre de l'instance susmentionnée.
>
>
> Kathleen Mitchell
> Chief Clerk / Greffière en chef
> (506) 658-2504 (Reception/Réception)
> (506) 643-7324 (Direct/Ligne directe)
>
>
>
> Confidentiality Notice
>
> This private message (and any attachments) is for the exclusive use of the individual for whom, or entity for which, it is intended. It may contain information that is privileged, confidential or exempt from disclosure by law. Its author does not waive the protection afforded to it under applicable law. Disclosure to anyone other than the intended recipient does not constitute waiver of privilege. Its possession or usage, by any person other than the one for whom it is intended, is not authorized by its author and is strictly prohibited. If you have received this communication in error, please notify us immediately, at our expense, by telephone at (506) 658-2504. Also, if you received this email in error, delete it and any attachments from your computer system and records. Thank you.
>
> Avis de confidentialité
>
> Ce message privé (et toutes les pièces jointes) est à l'usage exclusif de la personne pour laquelle ou entité pour laquelle, il est destiné. Il peut contenir des informations qui sont personnelles, confidentielles ou exemptées de la divulgation par la loi. Son auteur ne renonce pas à la protection accordée en vertu de la loi applicable. Sa divulgation à toute personne autre que son destinataire ne constitue pas une renonciation de privilège. Sa possession ou l'utilisation, par une personne autre que celle pour laquelle il est destiné, n'est pas autorisée par son auteur et est strictement interdite. Si vous recevez cette communication par erreur, veuillez nous appeler dans les plus brefs délais, à frais virés, au (506) 658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez effacer ce courriel, ainsi que les pièces jointes, de votre système informatique et de vos dossiers. Merci.
>
> NOTICE The health, safety and welfare of our people, our clients and our communities, as well as our commitment to continued service, is our top priority. Please visit our COVID‐19 Resource Centre <https://www.mcinnescooper.com/news/covid-19-mcinnes-coopers-commitment-in-action/> to learn more about how we can support you on the path forward.
> AVIS La santé, la sécurité et le bien‐être de nos gens, de nos clients et de nos communautés sont notre priorité au même titre que notre engagement envers un service continu. Nous vous invitons à consulter notre Centre de ressources COVID‐19 <https://www.mcinnescooper.com/news/covid-19-mcinnes-coopers-commitment-in-action/> pour savoir ce que nous pouvons faire pour vous soutenir sur la voie à suivre.
>
> Notice This communication, including any attachments, is confidential and may be protected by solicitor/client privilege. It is intended only for the person or persons to whom it is addressed. If you have received this e-mail in error, please notify the sender by e-mail or telephone at McInnes Cooper's expense.
> Avis Les informations contenues dans ce courriel, y compris toute(s) pièce(s) jointe(s), sont confidentielles et peuvent faire l'objet d'un privilège avocat-client. Les informations sont dirigées au(x) destinataire(s) seulement. Si vous avez reçu ce courriel par erreur, veuillez en aviser l'expéditeur par courriel ou par téléphone, aux frais de McInnes Cooper.

---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Tue, 2 Nov 2021 15:52:36 +0000
Subject: Automatic reply: Need I remind Higgy and Holland that some
folks have a long memory and keep good records as well?
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for contacting The Globe and Mail.

If your matter pertains to newspaper delivery or you require technical
support, please contact our Customer Service department at
1-800-387-5400 or send an email to customerservice@globeandmail.com

If you are reporting a factual error please forward your email to
publiceditor@globeandmail.com<mailto:publiceditor@globeandmail.com>

Letters to the Editor can be sent to letters@globeandmail.com

This is the correct email address for requests for news coverage and
press releases.

---------- Original message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Tue, 2 Nov 2021 15:31:18 +0000
Subject: RE: Need I remind Higgy and Holland that some folks have a
long memory and keep good records as well?
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-

Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>

---------- Original message ----------
From: "Bockus, Kathy (LEG)" <Kathy.Bockus@gnb.ca>
Date: Tue, 2 Nov 2021 15:31:19 +0000
Subject: Automatic reply: Need I remind Higgy and Holland that some
folks have a long memory and keep good records as well?
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email. Your thoughts, comments and input are greatly valued.

You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.

There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.

If your request is constituency related, please contact Gillian Scott
at my Constituency office in St. Stephen at Gillian.Scott@gnb.ca or by
phone at 506-466-1449.
Thanks again for your email.
______

Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.

Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.

Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.

Si votre demande est liée à la circonscription, veuillez contacter
Shelley McKeeman à mon bureau de circonscription à St. Stephen à
Shelley.McKeeman@gnb.ca ou par téléphone au 506-466-1449.
Merci encore pour votre courriel.

---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, 2 Nov 2021 12:29:11 -0300
Subject: Fwd: Need I remind Higgy and Holland that some folks have a
long memory and keep good records as well?
To: Jeff.Carr@gnb.ca, Margaret.Johnson@gnb.ca, Richard.Ames@gnb.ca,
Jill.Green@gnb.ca, Ryan.Cullins@gnb.ca, Gary.Crossman@gnb.ca,
Glen.Savoie@gnb.ca, Bill.Oliver@gnb.ca, Daniel.J.Allain@gnb.ca,
Ernie.Steeves@gnb.ca, Greg.Turner@gnb.ca, maryewilsonMLA@outlook.com,
Sherry.Wilson@gnb.ca, Trevor.Holder@gnb.ca, Bruce.Fitch@gnb.ca,
Kathy.Bockus@gnb.ca, Arlene.Dunn@gnb.ca, Dorothy.Shephard@gnb.ca,
Tammy.Scott-Wallace@gnb.ca, claude.williams@pcnb.ca, "Robert. Jones"
<Robert.Jones@cbc.ca>, "steve.murphy" <steve.murphy@ctv.ca>, oldmaison
<oldmaison@yahoo.com>, andre <andre@jafaust.com>, "andrea.johnson"
<andrea.johnson@pcnb.org>, jenica.atwin@parl.gc.ca,
dominic.leblanc@parl.gc.ca, nobyrne <nobyrne@unb.ca>,
Paul.D'Astous@gnb.ca, Louis.Leger@gnb.ca, cleveland.allaby@me.com,
Nicolle.Carlin@gnb.ca, Francois.Robichaud@gnb.ca, "tyler.campbell"
<tyler.campbell@gnb.ca>, "nick.brown" <nick.brown@gnb.ca>,
shawn_morrison_1974@icloud.com, vtpca@xplornet.ca, duncan@dlmca.ca,
andrewjdykeman@gmail.com, bobhatheway@gmail.com, lwyou1@rogers.com,
francineqs@gmail.com, awlebrun@hotmail.com, jd.grant@rogers.com,
ssducks@xplornet.ca, ilecwamh@hotmail.com, charlesdoucet850@gmail.com,
rwillseely@gmail.com, stephan.richard1@gmail.com,
slmaceachern@gmail.com
Cc: motomaniac333 <motomaniac333@gmail.com>, Blaine.Higgs@gnb.ca,
"Roger.L.Melanson" <roger.l.melanson@gnb.ca>, "robert.gauvin"
<robert.gauvin@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>

https://davidraymondamos3.blogspot.com/2021/11/need-i-remind-marc-patrone-formerly-of.html

Monday, 1 November 2021
Need I remind Marc Patrone formerly of the CRTC and the RCMP that some
folks have a long memory and keep good records as well?

---------- Forwarded message ----------
From: "Carr, Jeff Hon. (ELG/EGL)" <Jeff.Carr@gnb.ca>
Date: Tue, 7 Jan 2020 11:31:39 +0000
Subject: Automatic reply: Lest we forget the Round 2 EUB Hearing for
the "Not So Smart" Meters begins next week
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email. Your thoughts, comments and input are greatly valued.

You can be assured that all emails and letters are carefully read,
reviewed and taken into consideration.

There may be occasions when, given the issues you have raised and the
need to address them effectively, we will forward a copy of your
correspondence to the appropriate government official. Accordingly, a
response may take several business days.

If your request is Constituency related, please contact Rose Ann at my
Constituency office in Fredericton Junction at RoseAnn.Smith@gnb.ca or
by phone at 506-368-2938.
Thanks again for your email.
______

Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations.

Nous tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.

Dans certains cas, nous transmettrons votre message au ministère
responsable afin que les questions soulevées puissent être traitées de
la manière la plus efficace possible. En conséquence, plusieurs jours
ouvrables pourraient s’écouler avant que nous puissions vous répondre.

Si votre demande est liée à la circonscription, veuillez contacter
Rose Ann à mon bureau de circonscription à Fredericton Junction à
RoseAnn.Smith@gnb.ca ou par téléphone au 506-368-2938.
Merci encore pour votre courriel.

---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Mon, 1 Nov 2021 17:46:50 +0000
Subject: RE: Need I remind Higgy and Holland that some folks have a
long memory and keep good records as well?
To: David Amos <david.raymond.amos333@gmail.com>

Hello,

Thank you for taking the time to write.

Due to the volume of incoming messages, this is an automated response
to let you know that your email has been received and will be reviewed
at the earliest opportunity.

If your inquiry more appropriately falls within the mandate of a
Ministry or other area of government, staff will refer your email for
review and consideration.

Merci d'avoir pris le temps de nous écrire.

En raison du volume des messages reçus, cette réponse automatique vous
informe que votre courriel a été reçu et sera examiné dans les
meilleurs délais.

Si votre demande relève plutôt du mandat d'un ministère ou d'un autre
secteur du gouvernement, le personnel vous renverra votre courriel
pour examen et considération.

If this is a Media Request, please contact the Premier’s office at
(506) 453-2144 or by email
media-medias@gnb.ca<mailto:media-medias@gnb.ca>

S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.

Office of the Premier/Cabinet du premier ministre
P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau-Brunswick E3B 5H1 Canada
Tel./Tel. : (506) 453-2144
Email/Courriel:
premier@gnb.ca/premier.ministre@gnb.ca<mailto:premier@gnb.ca/premier.ministre@gnb.ca>

---------- Forwarded message ----------
From: "Austin, Kris (LEG)" <Kris.Austin@gnb.ca>
Date: Mon, 1 Nov 2021 17:46:50 +0000
Subject: Automatic reply: Need I remind Higgy and Holland that some
folks have a long memory and keep good records as well?
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email.

Please be assured that all emails and letters are read carefully.

If your concern is constituency related, please contact my
constituency office assistant Janet by phone or email.
janet.johnston@gnb.ca or 506-440-9542

Thank you for taking the time to reach out to me with your questions
or concerns.

Sincerely,

Kris Austin
Leader-People's Alliance Party
506-462-5875

---------- Forwarded message ----------
From: Kris Rondolo <krondolo@generationscrewed.ca>
Date: Mon, 1 Nov 2021 10:44:27 -0700
Subject: I have left Generation Screwed Re: Need I remind Higgy and
Holland that some folks have a long memory and keep good records as
well?
To: david.raymond.amos333@gmail.com

Hello,

Thank you for your email.

Unfortunately, I am no longer accessible via this email. I have left
Generation Screwed effective May 28, 2021.

To contact the Managing Director for the Canadian Taxpayers
Federation's student programs and initiatives, including Generation
Screwed, please send an email to Renaud Brossard at
RBrossard@contribuables.ca.

Thank you for patience, someone will be able to answer your email shortly.

Sincerely,

Kris Rondolo

--

Kristine T. Rondolo
*Executive Director*
Generation Screwed | Génération Sacrifiée
E: krondolo@generationscrewed.ca | T: 1-613-981-8411

[image: Image result for find us on facebook icon]
<https://www.facebook.com/GenerationScrewed/>
<https://www.instagram.com/genscrewedcdn/>
<https://twitter.com/GenScrewedCdn>
<https://www.linkedin.com/company/generation-screwed/about/>

---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, 1 Nov 2021 14:57:55 -0300
Subject: Fwd: Franco Terrazzano out of office Re: Need I remind Higgy
and Holland that some folks have a long memory and keep good records
as well?
To: klacey@taxpayer.com, premier <premier@gov.ab.ca>, jcarpay
<jcarpay@jccf.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>

---------- Forwarded message ----------
From: Franco Terrazzano <fterrazzano@taxpayer.com>
Date: Mon, 1 Nov 2021 10:44:27 -0700
Subject: Franco Terrazzano out of office Re: Need I remind Higgy and
Holland that some folks have a long memory and keep good records as
well?
To: david.raymond.amos333@gmail.com

I am out of office until Thursday, please reach out to the CTF's
Alberta Director Kevin Lacey for immediate assistance:
klacey@taxpayer.com

--

*Franco Terrazzano*
Federal Director
Canadian Taxpayers Federation
Phone | 403.918.3532

[image: USE_StandUp_Logo_boxshape (small)]

Get free e-mail updates <http://taxpayer.com/node/11193>

Follow me on Twitter* @franco_nomics <https://twitter.com/franco_nomics>*

---------- Forwarded message ----------
From: "Media Relations-PAB / Relation avec les médias-DGAP (CRA/ARC)"
<cra-arc.media@cra-arc.gc.ca>
Date: Thu, 2 Jan 2020 21:41:35 +0000
Subject: Automatic reply: Hey Sylvie Gadoury RE KPMG etc Methinks CBC
and the Justice Dept should know that I just got a call from John
Williamson's office (613 995 5550) Perhaps somebody should ask my MP
how that call concluded N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for contacting the Canada Revenue Agency (CRA) Media
Relations team. Our office hours are Monday to Friday between 9 a.m.
and 5 p.m. (Eastern time).

Please note that if you are not a news reporter, your email will not
be addressed.

You can write to the Minister
here<https://apps.cra-arc.gc.ca/ebci/cjid/prot/ntr.action>.

If you wish to speak with a CRA agent, please use the phone numbers below.

1. 1-800-959-8281 (Individual tax enquiries)
2. 1-800-387-1193 (Benefit enquiries)
3. 1-800-959-5525 (Businesses and self-employed individuals)
4. 1-613-940-8495 (if calling from outside Canada/USA)

For other commonly used CRA phone numbers please visit our contact
page.<https://www.canada.ca/en/revenue-agency/corporate/contact-information/telephone-numbers.html>

For information on scams or to report deceptive telemarketing, contact
the Canadian Anti-Fraud Centre (CAFC) online at
www.antifraudcentre.ca<http://www.antifraudcentre.ca/> or toll free at
1-888-495-8501.

If you believe you may be the victim of fraud or have given personal
or financial information by mistake, contact your local police
service. For more information, go to
www.canada.ca/taxes-fraud-prevention<http://www.canada.ca/taxes-fraud-prevention>.

********************************************************************************************
Merci d'avoir contacté l'équipe des Relations avec les Medias de
l'Agence du revenu du Canada. Nos heures de service sont du lundi au
vendredi, de 9 h à 17 h (heure de l'Est).

Veuillez noter que si vous n’êtes pas un journaliste, votre courriel
ne sera pas traité.

Vous pouvez écrire à la ministre
ici<https://apps.cra-arc.gc.ca/ebci/cjid/prot/ntr.action?request_locale=fr_CA>.

Si vous souhaitez parler à un agent de l'Agence, composez l’un des
numéros de téléphone suivant:

1. 1-800-959-7383 (Impôt sur le revenu des particuliers)
2. 1-800-387-1194 (Prestations fiscales)
3. 1-800-959-7775 (Renseignments des entreprises)
4. 1-613-940-8496 (Appels provenant de l'extérieur du Canada et É-U)

Pour les autres numéros de téléphone courrant de l'Agence, veuillez
consulter notre page de
coordonnées<https://www.canada.ca/fr/agence-revenu/organisation/coordonnees/numeros-telephone.html>.

Pour obtenir des informations sur les fraudes ou le télémarketing
trompeur, contactez le Centre antifraude du Canada au
www.centreantifraude.ca<http://www.centreantifraude.ca/> ou en
composant le numéro sans frais 1-888-495-8501.

Si vous croyez avoir été victime d'une fraude ou si vous avez fourni
par erreur des renseignements personnels ou financiers, contactez
votre service de police local. Pour plus de renseignements, consultez
la page Protégez-vous contre la
fraude<https://www.canada.ca/fr/agence-revenu/organisation/securite/protegez-vous-contre-fraude.html>.

---------- Forwarded message ----------
From: "Coon, David (LEG)" <David.Coon@gnb.ca>
Date: Thu, 2 Jan 2020 21:40:04 +0000
Subject: Automatic reply: Hey Sylvie Gadoury RE KPMG etc Methinks CBC
and the Justice Dept should know that I just got a call from John
Williamson's office (613 995 5550) Perhaps somebody should ask my MP
how that call concluded N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.com>

Thank you for your email. / Merci pour votre courriel.

I am currently out of the office. I will be back on Monday, January
6th. / Je suis hors du bureau. Je serai de retour le lundi 6 janvier.

I will respond as soon as possible. / Je vous répondrai dès que possible.

Please note that from December 23rd, 2019 until January 6th, 2020 the
Constituency Office for Fredericton-South will be closed. Emails and
telephone messages sent during this time will receive a response in
early January. The office will re-open Monday, January 6th. /
Veuillez noter que du 23 décembre 2019 au 6 janvier 2020, le bureau de
circonscription de Fredericton-Sud sera fermé. Les courriels et les
messages téléphoniques envoyés pendant cette période recevront une
réponse au début de janvier. Le bureau ouvrira le lundi 6 janvier.

If this is a media request for MLAs Megan Mitton or Kevin Arseneau or
myself, please call (506) 429-2285. / Pour toute demande de médias
avec les député.e.s Megan Mitton et Kevin Arseneau ou moi-même,
veuillez appeler le (506) 429-2285.

Have a safe and joyous holiday season! / Passez de joyeuses fêtes en
toute sécurité !

David Coon
MLA Fredericton South & Leader of the Green Party/
Député de Fredericton Sud et chef du Parti Vert

---------- Forwarded message ----------
From: "Carr, Jeff Hon. (ELG/EGL)" <Jeff.Carr@gnb.ca>
Date: Thu, 2 Jan 2020 21:40:03 +0000
Subject: Automatic reply: Hey Sylvie Gadoury RE KPMG etc Methinks CBC
and the Justice Dept should know that I just got a call from John
Williamson's office (613 995 5550) Perhaps somebody should ask my MP
how that call concluded N'esy Pas?
To: David Amos <david.raymond.amos333@gmail.com>

I will be away from the office until January 6th, 2020.

Je serai absent du bureau jusqu'au 6 janvier 2020.

---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Mon, 1 Nov 2021 14:44:15 -0300
Subject: Need I remind Higgy and Holland that some folks have a long
memory and keep good records as well?
To: andrea.anderson-mason@gnb.ca, Bruce.Macfarlane@gnb.ca,
marc.martin@snb.ca, hugh.flemming@gnb.ca, robert.gauvin@gnb.ca,
kris.austin@gnb.ca, michelle.conroy@gnb.ca,
attorneygeneral@ontario.ca, caroline.mulroneyco@pc.ola.org,
rbrossard@contribuables.ca, krondolo@generationscrewed.ca,
federal.director@taxpayer.com, jbowes@taxpayer.com,
Dominic.Cardy@gnb.ca, Ernie.Steeves@gnb.ca, greg.byrne@gnb.ca,
tyler.campbell@gnb.ca, andrew.scheer@parl.gc.ca,
PABMINMAILG@cra-arc.gc.ca, premier@gov.bc.ca,
strathmore.brooks@assembly.ab.ca, brian.hodgson@assembly.ab.ca,
calgary.lougheed@assembly.ab.ca, leader@freedomconservativeparty.ca,
premier@gnb.ca, premier@ontario.ca, scott.moe@gov.sk.ca,
premier@gov.ab.ca, premier@leg.gov.mb.ca, ksims@taxpayer.com,
fterrazzano@taxpayer.com, pmacpherson@taxpayer.com,
on.director@taxpayer.com, prairie@taxpayer.com,
Diane.Lebouthillier@cra-arc.gc.ca, "barbara.massey"
<barbara.massey@rcmp-grc.gc.ca>, David.Coon@gnb.ca,
Kevin.A.Arseneau@gnb.ca, megan.mitton@gnb.ca, "Mike.Comeau"
<Mike.Comeau@gnb.ca>, ministryofjustice <ministryofjustice@gov.ab.ca>,
"Holland, Mike (LEG)" <mike.holland@gnb.ca>, jcarpay
<jcarpay@jccf.ca>, "Petrie, Jamie" <JPetrie@nbpower.com>, "Furey,
John" <john.furey@mcinnescooper.com>
Cc: motomaniac333 <motomaniac333@gmail.com>, "howard.anglin"
<howard.anglin@gmail.com>, "John.Williamson"
<John.Williamson@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>,
"Ross.Wetmore" <Ross.Wetmore@gnb.ca>

- Hide quoted text -

---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Fri, 10 Jan 2020 11:38:38 -0400
Subject: Need I remind Higgy and Holland that the "Not So Smart" Meter
hearing in the EUB begins on Monday?
To: andrea.anderson-mason@gnb.ca, Bruce.Macfarlane@gnb.ca,
marc.martin@snb.ca, hugh.flemming@gnb.ca, robert.gauvin@gnb.ca,
kris.austin@gnb.ca, rick.desaulniers@gnb.ca, serge.gauvin@snb.ca,
michelle.conroy@gnb.ca, attorneygeneral@ontario.ca,
caroline.mulroneyco@pc.ola.org, rbrossard@contribuables.ca,
krondolo@generationscrewed.ca, federal.director@taxpayer.com,
jbowes@taxpayer.com, Dominic.Cardy@gnb.ca, Ernie.Steeves@gnb.ca,
greg.byrne@gnb.ca, tyler.campbell@gnb.ca, andrew.scheer@parl.gc.ca,
PABMINMAILG@cra-arc.gc.ca, Bill.Morneau@canada.ca, premier@gov.bc.ca,
maxime.bernier@parl.gc.ca, strathmore.brooks@assembly.ab.ca,
brian.hodgson@assembly.ab.ca, calgary.lougheed@assembly.ab.ca,
leader@freedomconservativeparty.ca, premier@gnb.ca,
premier@ontario.ca, scott.moe@gov.sk.ca, premier@gov.ab.ca,
premier@leg.gov.mb.ca, ksims@taxpayer.com, fterrazzano@taxpayer.com,
pmacpherson@taxpayer.com, on.director@taxpayer.com,
prairie@taxpayer.com, Diane.Lebouthillier@cra-arc.gc.ca,
brian.gallant@gnb.ca, David.Coon@gnb.ca, Kevin.A.Arseneau@gnb.ca,
megan.mitton@gnb.ca, BrianThomasMacdonald
<BrianThomasMacdonald@gmail.com>, votejohnw <votejohnw@gmail.com>
Cc: David Amos <david.raymond.amos333@gmail.com>, john.mcneil@gnb.ca,
jason.humphrey2@gnb.ca, "Furey, John" <jfurey@nbpower.com>, wharrison
<wharrison@nbpower.com>

---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 16 Jul 2019 09:31:18 -0400
Subject: Methinks the EUB and Johnny "Never Been Good" Herron in
particular forgot that one Intervener had lots to say EH Mr Furey?
To: andrea.anderson-mason@gnb.ca, Bruce.Macfarlane@gnb.ca,
marc.martin@snb.ca, hugh.flemming@gnb.ca, robert.gauvin@gnb.ca,
kris.austin@gnb.ca, rick.desaulniers@gnb.ca, serge.gauvin@snb.ca,
michelle.conroy@gnb.ca, attorneygeneral@ontario.ca,
caroline.mulroneyco@pc.ola.org, rbrossard@contribuables.ca,
krondolo@generationscrewed.ca, federal.director@taxpayer.com,
jbowes@taxpayer.com, Dominic.Cardy@gnb.ca, Ernie.Steeves@gnb.ca,
greg.byrne@gnb.ca, tyler.campbell@gnb.ca, andrew.scheer@parl.gc.ca,
PABMINMAILG@cra-arc.gc.ca, Bill.Morneau@canada.ca, premier@gov.bc.ca,
maxime.bernier@parl.gc.ca, strathmore.brooks@assembly.ab.ca,
brian.hodgson@assembly.ab.ca, calgary.lougheed@assembly.ab.ca,
leader@freedomconservativeparty.ca, premier@gnb.ca,
premier@ontario.ca, scott.moe@gov.sk.ca, premier@gov.ab.ca,
premier@leg.gov.mb.ca, ksims@taxpayer.com, fterrazzano@taxpayer.com,
pmacpherson@taxpayer.com, on.director@taxpayer.com,
prairie@taxpayer.com, Diane.Lebouthillier@cra-arc.gc.ca,
brian.gallant@gnb.ca, David.Coon@gnb.ca, Kevin.A.Arseneau@gnb.ca,
megan.mitton@gnb.ca, BrianThomasMacdonald
<BrianThomasMacdonald@gmail.com>, votejohnw <votejohnw@gmail.com>
Cc: David Amos <david.raymond.amos333@gmail.com>, john.mcneil@gnb.ca,
jason.humphrey2@gnb.ca, "Furey, John" <jfurey@nbpower.com>, wharrison
<wharrison@nbpower.com>

On 7/16/19, David Amos <motomaniac333@gmail.com> wrote:

> ---------- Forwarded message ----------
> From: "Campbell, Tyler (ECO/BCE)" <Tyler.Campbell@gnb.ca>
> Date: Tue, 16 Jul 2019 12:11:30 +0000
> Subject: Automatic reply: Attn Paige MacPherson I just called this is
> one of the emails I mentioned
> To: David Amos <motomaniac333@gmail.com>
>
> I am currently out of the office and will be returning on July 22.
>
> From July 15 to 17, please contact Jason Humphrey for assistance at
> jason.humphrey2@gnb.ca. For assistance on July 18 and 19, please
> contact John McNeil at john.mcneil@gnb.ca.
>
> ***
> Je suis actuellement hors du bureau et retournera le 22 Juillet.
>
> Du 15 au 17 juillet, veuillez contacter Jason Humphrey pour obtenir de
> l'aide à l'adresse jason.humphrey2@gnb.ca. Pour obtenir de l'aide les
> 18 et 19 juillet, veuillez contacter John McNeil à john.mcneil@gnb.ca.
>
>
>
> ---------- Forwarded message ----------
> From: Legislative Assembly Office
> <LegislativeAssemblyOffice@assembly.ab.ca>
> Date: Tue, 16 Jul 2019 12:11:33 +0000
> Subject: RE: Attn Paige MacPherson I just called this is one of the
> emails I mentioned
> To: David Amos <motomaniac333@gmail.com>
>
> Please note that due to an electoral boundary change in the 2019
> Alberta election, this address is no longer valid or accepting email.
> Please refer to the following web site to identify your new MLA and
> constituency contact information.
>
> http://www.assembly.ab.ca/lao/mla/mla_help.htm
>
> Thank you
>
> Legislative Assembly Office
>
> [cid:image001.gif@01D4F058.1F3E4570]
>
>
> ---------- Forwarded message ----------
> From: Premier of Ontario | Premier ministre de l’Ontario
> <Premier@ontario.ca>
> Date: Tue, 16 Jul 2019 12:11:29 +0000
> Subject: Automatic reply: Attn Paige MacPherson I just called this is
> one of the emails I mentioned
> To: David Amos <motomaniac333@gmail.com>
>
> Thank you for your email. Your thoughts, comments and input are greatly
> valued.
>
> You can be assured that all emails and letters are carefully read,
> reviewed and taken into consideration.
>
> There may be occasions when, given the issues you have raised and the
> need to address them effectively, we will forward a copy of your
> correspondence to the appropriate government official. Accordingly, a
> response may take several business days.
>
> Thanks again for your email.
> ______
>
> Merci pour votre courriel. Nous vous sommes très reconnaissants de
> nous avoir fait part de vos idées, commentaires et observations.
>
> Nous tenons à vous assurer que nous lisons attentivement et prenons en
> considération tous les courriels et lettres que nous recevons.
>
> Dans certains cas, nous transmettrons votre message au ministère
> responsable afin que les questions soulevées puissent être traitées de
> la manière la plus efficace possible. En conséquence, plusieurs jours
> ouvrables pourraient s’écouler avant que nous puissions vous répondre.
>
> Merci encore pour votre courriel.
>
>
>
>
>
>> Début du message réexpédié :
>>
>> De: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>
>> Objet: Matter 430 - NB Power 2019-2020 General Rate Application / Instance
>> Nº 430 - Énergie NB Demande générale de tarifs pour 2019-2020
>> Date: 16 juillet 2019 08:44:00 UTC−3
>> À: "david.sollows@gnb.ca" <david.sollows@gnb.ca>,
>> "Paul.Volpe@enbridge.com" <Paul.Volpe@enbridge.com>,
>> "dave.lavigne@enbridge.com" <dave.lavigne@enbridge.com>,
>> "Gilles.volpe@enbridge.com" <Gilles.volpe@enbridge.com>,
>> "jeffery.callaghan@mcinnescooper.com"
>> <jeffery.callaghan@mcinnescooper.com>, "gerald@kissnb.com"
>> <gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
>> <cstewart@stewartmckelvey.com>, "hanrahan.dion@jdirving.com"
>> <hanrahan.dion@jdirving.com>, "lcozzarini@nbpower.com"
>> <lcozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>,
>> "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "NBPRegulatory@nbpower.com"
>> <NBPRegulatory@nbpower.com>, "wharrison@nbpower.com"
>> <wharrison@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>,
>> "NConnellyBosse@nbpower.com" <NConnellyBosse@nbpower.com>, "Lawton, John"
>> <John.Lawton@nbeub.ca>, "Desmond, Ellen" <ecdesmond@nbeub.ca>, "Dickie,
>> Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>,
>> "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB
>> <General@nbeub.ca>, "heather.black@gnb.ca" <heather.black@gnb.ca>,
>> "rdk@indecon.com" <rdk@indecon.com>, "rrichard@nb.aibn.com"
>> <rrichard@nb.aibn.com>, "jeff.garrett@sjenergy.com"
>> <jeff.garrett@sjenergy.com>, "dan.dionne@perth-andover.com"
>> <dan.dionne@perth-andover.com>, "pierreroy@edmundston.ca"
>> <pierreroy@edmundston.ca>, "ray.robinson@sjenergy.com"
>> <ray.robinson@sjenergy.com>, "sstoll@airdberlis.com"
>> <sstoll@airdberlis.com>, "pzarnett@bdrenergy.com"
>> <pzarnett@bdrenergy.com>, "heather.quinn (heather.quinn@gnb.ca)"
>> <heather.quinn@gnb.ca>, "bill.breckenridge@gnb.ca"
>> <bill.breckenridge@gnb.ca>
>>
>> Good morning,
>>
>> Please note that the New Brunswick Energy and Utilities Board will be
>> releasing the Decision in relation to the above noted Matter at 10:00 AM.
>>
>>
>> Bonjour,
>>
>> Veuillez noter que la Commission de l'énergie et des services publics du
>> Nouveau-Brunswick publiera la décision relative à l’instance susmentionnée
>> à 10 h 00.
>>
>>
>> Kathleen Mitchell
>> Chief Clerk | Greffière en chef
>>
>> Energy & Utilities Board | Commission de l’énergie et des services publics
>> du N.-B.
>> 15 Market Square, Suite 1400
>> Saint John, NB E2L 4Y9
>> 506-643-7324 (direct)
>> 506-658-2504 (reception)
>> Confidentiality Notice
>> This private message (and any attachments) is for the exclusive use of the
>> individual for whom, or entity for which, it is intended. It may contain
>> information that is privileged, confidential or exempt from disclosure by
>> law. Its author does not waive the protection afforded to it under
>> applicable law. Disclosure to anyone other than the intended recipient
>> does not constitute waiver of privilege. Its possession or usage, by any
>> person other than the one for whom it is intended, is not authorized by
>> its author and is strictly prohibited. If you have received this
>> communication in error, please notify us immediately, at our expense, by
>> telephone at (506) 658-2504. Also, if you received this email in error,
>> delete it and any attachments from your computer system and records. Thank
>> you.
>> Avis de confidentialité
>> Ce message privé (et toutes les pièces jointes) est à l'usage exclusif de
>> la personne pour laquelle ou entité pour laquelle, il est destiné. Il peut
>> contenir des informations qui sont personnelles, confidentielles ou
>> exemptées de la divulgation par la loi. Son auteur ne renonce pas à la
>> protection accordée en vertu de la loi applicable. Sa divulgation à toute
>> personne autre que son destinataire ne constitue pas une renonciation de
>> privilège. Sa possession ou l'utilisation, par une personne autre que
>> celle pour laquelle il est destiné, n'est pas autorisée par son auteur et
>> est strictement interdite. Si vous recevez cette communication par
>> erreur, veuillez nous appeler dans les plus brefs délais, à frais virés,
>> au (506) 658-2504. Aussi, si vous avez reçu ce courriel par erreur,
>> veuillez effacer ce courriel, ainsi que les pièces jointes, de votre
>> système informatique et de vos dossiers. Merci.
>
>
>
>
> On 7/16/19, David Amos <motomaniac333@gmail.com> wrote:
>> Paige MacPherson
>> Atlantic Director
>> Office Location: MAILING ADDRESS ONLY: 5201 Duke St PO Box 34077
>> Scotia Square Halifax, NS B3J 1N0
>> Phone: 902.717.7078 / TOLL FREE: 1.877.909.5757
>> E-mail: pmacpherson@taxpayer.com
>>
>> ---------- Forwarded message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Tue, 8 Jan 2019 09:44:39 -0400
>> Subject: Re: Methinks Deputy Premier Robert Gauvin must have noticed
>> his fellow SANB comedian the overpaid underworked bureaucrat Marc
>> Martin at play in CBC again today N'esy Pas?
>> To: andrea.anderson-mason@gnb.ca, Bruce.Macfarlane@gnb.ca,
>> marc.martin@snb.ca, hugh.flemming@gnb.ca, robert.gauvin@gnb.ca,
>> kris.austin@gnb.ca, rick.desaulniers@gnb.ca, serge.gauvin@snb.ca,
>> michelle.conroy@gnb.ca, attorneygeneral@ontario.ca,
>> caroline.mulroneyco@pc.ola.org, rbrossard@contribuables.ca,
>> krondolo@generationscrewed.ca, federal.director@taxpayer.com,
>> jbowes@taxpayer.com, Dominic.Cardy@gnb.ca, Ernie.Steeves@gnb.ca,
>> greg.byrne@gnb.ca, tyler.campbell@gnb.ca, andrew.scheer@parl.gc.ca,
>> PABMINMAILG@cra-arc.gc.ca, Bill.Morneau@canada.ca, premier@gov.bc.ca,
>> maxime.bernier@parl.gc.ca, strathmore.brooks@assembly.ab.ca,
>> brian.hodgson@assembly.ab.ca, calgary.lougheed@assembly.ab.ca,
>> leader@freedomconservativeparty.ca, premier@gnb.ca,
>> premier@ontario.ca, scott.moe@gov.sk.ca, premier@gov.ab.ca,
>> premier@leg.gov.mb.ca, ksims@taxpayer.com, fterrazzano@taxpayer.com,
>> pmacpherson@taxpayer.com, on.director@taxpayer.com,
>> prairie@taxpayer.com, Diane.Lebouthillier@cra-arc.gc.ca,
>> brian.gallant@gnb.ca, David.Coon@gnb.ca, Kevin.A.Arseneau@gnb.ca,
>> megan.mitton@gnb.ca
>> Cc: David Amos <david.raymond.amos@gmail.com>, BrianThomasMacdonald
>> <BrianThomasMacdonald@gmail.com>, votejohnw <votejohnw@gmail.com>
>>
>> ---------- Forwarded message ----------
>> From: "Gallant, Brian (LEG)" <Brian.Gallant@gnb.ca>
>> Date: Tue, 8 Jan 2019 13:31:40 +0000
>> Subject: RE: Methinks Deputy Premier Robert Gauvin must have noticed
>> his fellow SANB comedian the overpaid underworked bureaucrat Marc
>> Martin at play in CBC again today N'esy Pas?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Thank you for writing to the Leader of the Official Opposition of New
>> Brunswick. Please be assured that your e-mail will be reviewed.
>>
>> If this is a media request, please forward your e-mail to
>> ashley.beaudin@gnb.ca<mailto:media-medias@gnb.ca>. Thank you!
>>
>> ---
>>
>> Nous vous remercions d’avoir communiqué avec le chef de l’opposition
>> officielle du Nouveau-Brunswick. Soyez assuré(e) que votre courriel
>> sera examiné.
>>
>> Si ceci est une demande médiatique, prière de la transmettre à
>> ashley.beaudin@gnb.ca<mailto:media-medias@gnb.ca>. Merci!
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: "Martin, Marc (SNB)" <Marc.Martin@snb.ca>
>> Date: Tue, 8 Jan 2019 13:31:22 +0000
>> Subject: Automatic reply: Methinks Deputy Premier Robert Gauvin must
>> have noticed his fellow SANB comedian the overpaid underworked
>> bureaucrat Marc Martin at play in CBC again today N'esy Pas?
>> To: David Amos <motomaniac333@gmail.com>
>>
>>
>>
>> Je serai absent du bureau le 8 janvier 2018. Pour des questions
>> de traduction, veuillez communiquer avec Cindy Dempsey par téléphone
>> au 444-2563 ou par courriel à l'adresse cindy.dempsey@snb.ca.
>>
>> I will be away from the office on January 8th, 2018. For
>> translation-related questions, please contact Cindy Dempsey 444-2563
>> ou par courriel à l'adresse cindy.dempsey@snb.ca.
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Wed, 22 Aug 2018 09:11:48 -0400
>> Subject: Hey Serge Trust that the First Canadian Title people, the
>> Fidelity minions and many lawyers will tell you that I will figure out
>> what a form 13a is.
>> To: serge.gauvin@snb.ca, patrick.windle@snb.ca, "claude.poirier"
>> <claude.poirier@snb.ca>, "john.mcnair" <john.mcnair@snb.ca>,
>> Erin.Hardy@snb.ca, "alan.roy" <alan.roy@snb.ca>
>> Cc: David Amos <david.raymond.amos@gmail.com>, "brian.gallant"
>> <brian.gallant@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>,
>> MRichard@lawsociety-barreau.nb.ca, "serge.rousselle"
>> <serge.rousselle@gnb.ca>, kevhache@nb.sympatico.ca, "greg.byrne"
>> <greg.byrne@gnb.ca>, krisaustin <krisaustin@peoplesalliance.ca>,
>> "David.Coon" <David.Coon@gnb.ca>, "blaine.higgs"
>> <blaine.higgs@gnb.ca>, David Amos <david.raymond.amos333@gmail.com>
>>
>> Serge Gauvin
>> Registrar General of Land Titles
>> Called to the bar: 1995 (NB)
>> Phone: 506-457-6933
>> Fax: 506-444-3033
>> Email: serge.gauvin@snb.ca
>> Patrick V. Windle
>> Deputy Registrar General of Land Titles
>> Called to the bar: 1997 (NB)
>> Email: patrick.windle@snb.ca
>> Service New Brunswick
>> Land Registry, 985 College Hill Rd.
>> PO Box 1998, Stn. A
>> Fredericton, New Brunswick E3B 5G4
>>
>> ---------- Original message ----------
>> From: "Auto-reply from kevhache@nb.aibn.com" <kevhache@nb.aibn.com>
>> Date: Sat, 18 Aug 2018 18:20:04 -0400
>> Subject: Re: Too Funny I just talked to Claude Landry Elvy Robichaud’s
>> old Chief of Staff He forgot what went down in 2004 and the emails I
>> sent him since
>> To: david.raymond.amos333@gmail.com
>>
>> Bonjour
>>
>> Je serais absent du bureau du 6 aout au 22 aout inclusivement. Le
>> bureau sera fermé du 6 au 19 aout inclusivement pour les vacances d
>> ete et sera ouvert a partir du 20 aout. Bonne Vacance a tous
>>
>> Je retournerais votre courriel a mon retour.
>>
>> Kevin J. Hache
>>
>> CABINET KEVIN J. HACHE
>> 8 Boul St-Pierre Ouest
>> C.P. 5662
>> Caraquet NB E1W 1B7
>> 506 727 5150 (telephone)
>> 506 727 6686 (telecopieur)
>> kevhache@nb.sympatico.ca
>>
>>
>> ---------- Forwarded message ----------
>> From: Brian Gallant <briangallant10@gmail.com>
>> Date: Tue, 29 May 2018 06:01:57 -0700
>> Subject: Merci / Thank you Re: Fwd: I just called Alan Roy again about
>> my right to health care, my missing 1965 Harley, the Yankee Wiretaps
>> tapes in its saddlebag and Federal Court and his assistant played dumb
>> as usual
>> To: motomaniac333@gmail.com
>>
>> (Français à suivre)
>>
>> If your email is pertaining to the Government of New Brunswick, please
>> email me at brian.gallant@gnb.ca
>>
>> If your matter is urgent, please email Greg Byrne at greg.byrne@gnb.ca
>>
>> Thank you.
>>
>> Si votre courriel s'addresse au Gouvernement du Nouveau-Brunswick,
>> ‎svp m'envoyez un courriel à brian.gallant@gnb.ca
>>
>> Pour les urgences, veuillez contacter Greg Byrne à greg.byrne@gnb.ca
>>
>> Merci.
>>
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: David Amos <motomaniac333@gmail.com>
>> Date: Tue, 29 May 2018 10:42:09 -0400
>> Subject: Attn Marc Richard and John McNair I just called AGAIN Say hey
>> to my Brother in Law W. S. Reid CHEDORE and his brother of the law
>> David Lutz QC for me will ya?
>> To: MRichard@lawsociety-barreau.nb.ca, John.McNair@snb.ca,
>> "serge.rousselle" <serge.rousselle@gnb.ca>, Erin.Hardy@snb.ca,
>> David.Eidt@gnb.ca
>> Cc: David Amos <david.raymond.amos@gmail.com>
>>
>> ---------- Forwarded message ----------
>> From: Marc Richard <MRichard@lawsociety-barreau.nb.ca>
>> Date: Sat, 14 Oct 2017 22:51:09 +0000
>> Subject: Automatic reply: RE Irving's ridiculous constitutional
>> challenge and Federal Court File no T-1557-15 I wonder if George
>> Cooper and Hélène Beaulieure even know how many times the Irvings and
>> partners of their VERY snobby law firm have offended me over t...
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until October 30, 2017. Je serai absent
>> du bureau jusqu'au 30 octobre 2017.
>>
>>
>> ---------- Forwarded message ----------
>> From: "Eidt, David (OAG/CPG)" <David.Eidt@gnb.ca>
>> Date: Wed, 1 Mar 2017 00:33:21 +0000
>> Subject: Automatic reply: Yo Mr Lutz howcome your buddy the clerk
>> would not file this motion and properly witnessed affidavit and why
>> did she take all four copies?
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until Monday, March 13, 2017. I will have
>> little to no access to email. Please dial 453-2222 for assistance.
>>
>>
>> ---------- Forwarded message ----------
>> From: Marc Richard <MRichard@lawsociety-barreau.nb.ca>
>> Date: Fri, 12 Aug 2016 13:16:46 +0000
>> Subject: Automatic reply: RE: The New Brunswick Real Estate
>> Association and their deliberate ignorance for the bankster's benefit
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until August 15, 2016. Je serai absent du
>> bureau jusqu'au 15 août 2016.
>>
>>
>> ---------- Forwarded message ----------
>> From: "McNair, John (SNB)" <John.McNair@snb.ca>
>> Date: Fri, 12 Aug 2016 16:04:29 +0000
>> Subject: Automatic reply: RE: The New Brunswick Real Estate
>> Association and their deliberate ignorance for the bankster's benefit
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office August 1 - August 12. I will reply to your
>> email when I return. If you require immediate assistance, please
>> contact Chantal Leger at 663-2510. Thank you.
>>
>> Je serai absent du bureau les 1 aout - 12 aout. Je répondrai à votre
>> courriel à mon retour. Si vous nécessitez de l'assistance
>> immédiatement, veuillez contacter Chantal Leger au 663-2510. Merci.
>>
>>
>>
>> ---------- Forwarded message ----------
>> From: "Hardy, Erin (SNB)" <Erin.Hardy@snb.ca>
>> Date: Fri, 12 Aug 2016 16:04:28 +0000
>> Subject: Automatic reply: RE: The New Brunswick Real Estate
>> Association and their deliberate ignorance for the bankster's benefit
>> To: David Amos <motomaniac333@gmail.com>
>>
>> Le francais suit:
>>
>> Hello,
>>
>> I am currently out of the office. I will gladly reply to your message
>> upon my return on August 15, 2016. Should you require immediate
>> assitance please contact Celeste Savoie at (506) 471-5290 or by email:
>> Celeste.Savoie@snb.ca.
>>
>> Have a nice day!
>>
>> Bonjour,
>>
>> Je suis presentement hors du bureau. Il me fera plaisir de repondre a
>> votre message a mon retour August 15, 2016. Si vous avez besoin d'une
>> assitance immediate, veuillez communiquer avec Celeste Savoie au (506)
>> 471-5290 ou par courriel a: Celeste.Savoie@snb.ca.
>>
>> Bonne journee!
>>
>>
>> ---------- Forwarded message ----------
>> From: Marc Richard <MRichard@lawsociety-barreau.nb.ca>
>> Date: Fri, 18 Jul 2014 17:43:27 +0000
>> Subject: Automatic reply: Oh My My we just talked briefly Correct Ms
>> Beaulieu? It appears to me that the latest President of the NB Law
>> Society thinks non lawyers are not worth talking to
>> To: David Amos <motomaniac333@gmail.com>
>>
>> I will be out of the office until July 21, 2014. Je serai absent du
>> bureau jusqu'au 21 juillet 2014.
>>
>>
>>
>>> ---------- Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>> Date: Mon, 12 Jun 2017 09:32:09 -0400
>>> Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
>>> To: coi@gnb.ca
>>> Cc: david.raymond.amos@gmail.com
>>>
>>> Good Day Sir
>>>
>>> After I heard you speak on CBC I called your office again and managed
>>> to speak to one of your staff for the first time
>>>
>>> Please find attached the documents I promised to send to the lady who
>>> answered the phone this morning. Please notice that not after the Sgt
>>> at Arms took the documents destined to your office his pal Tanker
>>> Malley barred me in writing with an "English" only document.
>>>
>>> These are the hearings and the dockets in Federal Court that I
>>> suggested that you study closely.
>>>
>>> This is the docket in Federal Court
>>>
>>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
>>>
>>> These are digital recordings of the last three hearings
>>>
>>> Dec 14th https://archive.org/details/BahHumbug
>>>
>>> January 11th, 2016 https://archive.org/details/Jan11th2015
>>>
>>> April 3rd, 2017
>>>
>>> https://archive.org/details/April32017JusticeLeblancHearing
>>>
>>>
>>> This is the docket in the Federal Court of Appeal
>>>
>>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
>>>
>>>
>>> The only hearing thus far
>>>
>>> May 24th, 2017
>>>
>>> https://archive.org/details/May24thHoedown
>>>
>>>
>>> This Judge understnds the meaning of the word Integrity
>>>
>>> Date: 20151223
>>>
>>> Docket: T-1557-15
>>>
>>> Fredericton, New Brunswick, December 23, 2015
>>>
>>> PRESENT: The Honourable Mr. Justice Bell
>>>
>>> BETWEEN:
>>>
>>> DAVID RAYMOND AMOS
>>>
>>> Plaintiff
>>>
>>> and
>>>
>>> HER MAJESTY THE QUEEN
>>>
>>> Defendant
>>>
>>> ORDER
>>>
>>> (Delivered orally from the Bench in Fredericton, New Brunswick, on
>>> December 14, 2015)
>>>
>>> The Plaintiff seeks an appeal de novo, by way of motion pursuant to
>>> the Federal Courts Rules (SOR/98-106), from an Order made on November
>>> 12, 2015, in which Prothonotary Morneau struck the Statement of Claim
>>> in its entirety.
>>>
>>> At the outset of the hearing, the Plaintiff brought to my attention a
>>> letter dated September 10, 2004, which he sent to me, in my then
>>> capacity as Past President of the New Brunswick Branch of the Canadian
>>> Bar Association, and the then President of the Branch, Kathleen Quigg,
>>> (now a Justice of the New Brunswick Court of Appeal). In that letter
>>> he stated:
>>>
>>> As for your past President, Mr. Bell, may I suggest that you check the
>>> work of Frank McKenna before I sue your entire law firm including you.
>>> You are your brother’s keeper.
>>>
>>> Frank McKenna is the former Premier of New Brunswick and a former
>>> colleague of mine at the law firm of McInnes Cooper. In addition to
>>> expressing an intention to sue me, the Plaintiff refers to a number of
>>> people in his Motion Record who he appears to contend may be witnesses
>>> or potential parties to be added. Those individuals who are known to
>>> me personally, include, but are not limited to the former Prime
>>> Minister of Canada, The Right Honourable Stephen Harper; former
>>> Attorney General of Canada and now a Justice of the Manitoba Court of
>>> Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
>>> former Director of Policing Services, the late Grant Garneau; former
>>> Chief of the Fredericton Police Force, Barry McKnight; former Staff
>>> Sergeant Danny Copp; my former colleagues on the New Brunswick Court
>>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
>>> Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
>>> Police.
>>>
>>> In the circumstances, given the threat in 2004 to sue me in my
>>> personal capacity and my past and present relationship with many
>>> potential witnesses and/or potential parties to the litigation, I am
>>> of the view there would be a reasonable apprehension of bias should I
>>> hear this motion. See Justice de Grandpré’s dissenting judgment in
>>> Committee for Justice and Liberty et al v National Energy Board et al,
>>> [1978] 1 SCR 369 at p 394 for the applicable test regarding
>>> allegations of bias. In the circumstances, although neither party has
>>> requested I recuse myself, I consider it appropriate that I do so.
>>>
>>>
>>> AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
>>> the Court schedule another date for the hearing of the motion. There
>>> is no order as to costs.
>>>
>>> “B. Richard Bell”
>>> Judge
>>>
>>>
>>> Below after the CBC article about your concerns (I made one comment
>>> already) you will find the text of just two of many emails I had sent
>>> to your office over the years since I first visited it in 2006.
>>>
>>> I noticed that on July 30, 2009, he was appointed to the the Court
>>> Martial Appeal Court of Canada Perhaps you should scroll to the
>>> bottom of this email ASAP and read the entire Paragraph 83 of my
>>> lawsuit now before the Federal Court of Canada?
>>>
>>> "FYI This is the text of the lawsuit that should interest Trudeau the
>>> most
>>>
>>>
>>> ---------- Original message ----------
>>> From: justin.trudeau.a1@parl.gc.ca
>>> Date: Thu, Oct 22, 2015 at 8:18 PM
>>> Subject: Réponse automatique : RE My complaint against the CROWN in
>>> Federal Court Attn David Hansen and Peter MacKay If you planning to
>>> submit a motion for a publication ban on my complaint trust that you
>>> dudes are way past too late
>>> To: david.raymond.amos@gmail.com
>>>
>>> Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre à
>>> lalanthier@hotmail.com
>>>
>>> Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel à
>>> tommy.desfosses@parl.gc.ca
>>>
>>> Please note that I changed email address, you can reach me at
>>> lalanthier@hotmail.com
>>>
>>> To reach the office of Mr. Trudeau please send an email to
>>> tommy.desfosses@parl.gc.ca
>>>
>>> Thank you,
>>>
>>> Merci ,
>>>
>>>
>>> http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html
>>>
>>>
>>> 83. The Plaintiff states that now that Canada is involved in more war
>>> in Iraq again it did not serve Canadian interests and reputation to
>>> allow Barry Winters to publish the following words three times over
>>> five years after he began his bragging:
>>>
>>> January 13, 2015
>>> This Is Just AS Relevant Now As When I wrote It During The Debate
>>>
>>> December 8, 2014
>>> Why Canada Stood Tall!
>>>
>>> Friday, October 3, 2014
>>> Little David Amos’ “True History Of War” Canadian Airstrikes And
>>> Stupid Justin Trudeau
>>>
>>> Canada’s and Canadians free ride is over. Canada can no longer hide
>>> behind Amerka’s and NATO’s skirts.
>>>
>>> When I was still in Canadian Forces then Prime Minister Jean Chretien
>>> actually committed the Canadian Army to deploy in the second campaign
>>> in Iraq, the Coalition of the Willing. This was against or contrary to
>>> the wisdom or advice of those of us Canadian officers that were
>>> involved in the initial planning phases of that operation. There were
>>> significant concern in our planning cell, and NDHQ about of the dearth
>>> of concern for operational guidance, direction, and forces for
>>> operations after the initial occupation of Iraq. At the “last minute”
>>> Prime Minister Chretien and the Liberal government changed its mind.
>>> The Canadian government told our amerkan cousins that we would not
>>> deploy combat troops for the Iraq campaign, but would deploy a
>>> Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
>>> redeploy troops from there to Iraq. The PMO’s thinking that it was
>>> less costly to deploy Canadian Forces to Afghanistan than Iraq. But
>>> alas no one seems to remind the Liberals of Prime Minister Chretien’s
>>> then grossly incorrect assumption. Notwithstanding Jean Chretien’s
>>> incompetence and stupidity, the Canadian Army was heroic,
>>> professional, punched well above it’s weight, and the PPCLI Battle
>>> Group, is credited with “saving Afghanistan” during the Panjway
>>> campaign of 2006.
>>>
>>> What Justin Trudeau and the Liberals don’t tell you now, is that then
>>> Liberal Prime Minister Jean Chretien committed, and deployed the
>>> Canadian army to Canada’s longest “war” without the advice, consent,
>>> support, or vote of the Canadian Parliament.
>>>
>>> What David Amos and the rest of the ignorant, uneducated, and babbling
>>> chattering classes are too addled to understand is the deployment of
>>> less than 75 special operations troops, and what is known by planners
>>> as a “six pac cell” of fighter aircraft is NOT the same as a
>>> deployment of a Battle Group, nor a “war” make.
>>>
>>> The Canadian Government or The Crown unlike our amerkan cousins have
>>> the “constitutional authority” to commit the Canadian nation to war.
>>> That has been recently clearly articulated to the Canadian public by
>>> constitutional scholar Phillippe Legasse. What Parliament can do is
>>> remove “confidence” in The Crown’s Government in a “vote of
>>> non-confidence.” That could not happen to the Chretien Government
>>> regarding deployment to Afghanistan, and it won’t happen in this
>>> instance with the conservative majority in The Commons regarding a
>>> limited Canadian deployment to the Middle East.
>>>
>>> President George Bush was quite correct after 911 and the terror
>>> attacks in New York; that the Taliban “occupied” and “failed state”
>>> Afghanistan was the source of logistical support, command and control,
>>> and training for the Al Quaeda war of terror against the world. The
>>> initial defeat, and removal from control of Afghanistan was vital and
>>>
>>> P.S. Whereas this CBC article is about your opinion of the actions of
>>> the latest Minister Of Health trust that Mr Boudreau and the CBC have
>>> had my files for many years and the last thing they are is ethical.
>>> Ask his friends Mr Murphy and the RCMP if you don't believe me.
>>>
>>> Subject:
>>> Date: Tue, 30 Jan 2007 12:02:35 -0400
>>> From: "Murphy, Michael B. $DH/MS$" MichaelB.Murphy@gnb.ca
>>> To: motomaniac_02186@yahoo.com
>>>
>>> January 30, 2007
>>>
>>> WITHOUT PREJUDICE
>>>
>>> Mr. David Amos
>>>
>>> Dear Mr. Amos:
>>>
>>> This will acknowledge receipt of a copy of your e-mail of December 29,
>>> 2006 to Corporal Warren McBeath of the RCMP.
>>>
>>> Because of the nature of the allegations made in your message, I have
>>> taken the measure of forwarding a copy to Assistant Commissioner Steve
>>> Graham of the RCMP “J” Division in Fredericton.
>>>
>>> Sincerely,
>>>
>>> Honourable Michael B. Murphy
>>> Minister of Health
>>>
>>> CM/cb
>>>
>>>
>>> Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:
>>>
>>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>>> From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>>> To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
>>> nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
>>> motomaniac_02186@yahoo.com
>>> CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.Foran@gnb.ca,
>>> Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
>>> "Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>>> Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>>> forgotten me but the crooks within the RCMP have not
>>>
>>> Dear Mr. Amos,
>>>
>>> Thank you for your follow up e-mail to me today. I was on days off
>>> over the holidays and returned to work this evening. Rest assured I
>>> was not ignoring or procrastinating to respond to your concerns.
>>>
>>> As your attachment sent today refers from Premier Graham, our position
>>> is clear on your dead calf issue: Our forensic labs do not process
>>> testing on animals in cases such as yours, they are referred to the
>>> Atlantic Veterinary College in Charlottetown who can provide these
>>> services. If you do not choose to utilize their expertise in this
>>> instance, then that is your decision and nothing more can be done.
>>>
>>> As for your other concerns regarding the US Government, false
>>> imprisonment and Federal Court Dates in the US, etc... it is clear
>>> that Federal authorities are aware of your concerns both in Canada
>>> the US. These issues do not fall into the purvue of Detachment
>>> and policing in Petitcodiac, NB.
>>>
>>> It was indeed an interesting and informative conversation we had on
>>> December 23rd, and I wish you well in all of your future endeavors.
>>>
>>> Sincerely,
>>>
>>> Warren McBeath, Cpl.
>>> GRC Caledonia RCMP
>>> Traffic Services NCO
>>> Ph: (506) 387-2222
>>> Fax: (506) 387-4622
>>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>>
>>>
>>>
>>> Alexandre Deschênes, Q.C.,
>>> Office of the Integrity Commissioner
>>> Edgecombe House, 736 King Street
>>> Fredericton, N.B. CANADA E3B 5H1
>>> tel.: 506-457-7890
>>> fax: 506-444-5224
>>> e-mail:coi@gnb.ca
>>>
>>
>> ---------- Forwarded message ----------
>> From: Justice Website <JUSTWEB@novascotia.ca>
>> Date: Mon, 18 Sep 2017 14:21:11 +0000
>> Subject: Emails to Department of Justice and Province of Nova Scotia
>> To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
>>
>> Mr. Amos,
>> We acknowledge receipt of your recent emails to the Deputy Minister of
>> Justice and lawyers within the Legal Services Division of the
>> Department of Justice respecting a possible claim against the Province
>> of Nova Scotia. Service of any documents respecting a legal claim
>> against the Province of Nova Scotia may be served on the Attorney
>> General at 1690 Hollis Street, Halifax, NS. Please note that we will
>> not be responding to further emails on this matter.
>>
>> Department of Justice
>>
>> On 8/3/17, David Amos <motomaniac333@gmail.com> wrote:
>>
>>> If want something very serious to download and laugh at as well Please
>>> Enjoy and share real wiretap tapes of the mob
>>>
>>> http://thedavidamosrant.blogspot.ca/2013/10/re-glen-greenwald-and-braz
>>> ilian.html
>>>
>>>> http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
>>>>
>>>> As the CBC etc yap about Yankee wiretaps and whistleblowers I must
>>>> ask them the obvious question AIN'T THEY FORGETTING SOMETHING????
>>>>
>>>> http://www.youtube.com/watch?v=vugUalUO8YY
>>>>
>>>> What the hell does the media think my Yankee lawyer served upon the
>>>> USDOJ right after I ran for and seat in the 39th Parliament baseball
>>>> cards?
>>>>
>>>> http://archive.org/details/ITriedToExplainItToAllMaritimersInEarly200
>>>> 6
>>>>
>>>> http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>>>>
>>>> http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>>>>
>>>> http://archive.org/details/Part1WiretapTape143
>>>>
>>>> FEDERAL EXPRES February 7, 2006
>>>> Senator Arlen Specter
>>>> United States Senate
>>>> Committee on the Judiciary
>>>> 224 Dirksen Senate Office Building
>>>> Washington, DC 20510
>>>>
>>>> Dear Mr. Specter:
>>>>
>>>> I have been asked to forward the enclosed tapes to you from a man
>>>> named, David Amos, a Canadian citizen, in connection with the matters
>>>> raised in the attached letter.
>>>>
>>>> Mr. Amos has represented to me that these are illegal FBI wire tap
>>>> tapes.
>>>>
>>>> I believe Mr. Amos has been in contact with you about this previously.
>>>>
>>>> Very truly yours,
>>>> Barry A. Bachrach
>>>> Direct telephone: (508) 926-3403
>>>> Direct facsimile: (508) 929-3003
>>>> Email: bbachrach@bowditch.com
>>>>
>>>
>>
>> http://davidraymondamos3.blogspot.ca/2017/11/federal-court-of-appeal-finally-makes.html
>>
>>
>> Sunday, 19 November 2017
>> Federal Court of Appeal Finally Makes The BIG Decision And Publishes
>> It Now The Crooks Cannot Take Back Ticket To Try Put My Matter Before
>> The Supreme Court
>>
>> https://decisions.fct-cf.gc.ca/fca-caf/decisions/en/item/236679/index.do
>>
>>
>> Federal Court of Appeal Decisions
>>
>> Amos v. Canada
>> Court (s) Database
>>
>> Federal Court of Appeal Decisions
>> Date
>>
>> 2017-10-30
>> Neutral citation
>>
>> 2017 FCA 213
>> File numbers
>>
>> A-48-16
>> Date: 20171030
>>
>> Docket: A-48-16
>> Citation: 2017 FCA 213
>> CORAM:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>>
>> BETWEEN:
>> DAVID RAYMOND AMOS
>> Respondent on the cross-appeal
>> (and formally Appellant)
>> and
>> HER MAJESTY THE QUEEN
>> Appellant on the cross-appeal
>> (and formerly Respondent)
>> Heard at Fredericton, New Brunswick, on May 24, 2017.
>> Judgment delivered at Ottawa, Ontario, on October 30, 2017.
>> REASONS FOR JUDGMENT BY:
>>
>> THE COURT
>>
>>
>>
>> Date: 20171030
>>
>> Docket: A-48-16
>> Citation: 2017 FCA 213
>> CORAM:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>>
>> BETWEEN:
>> DAVID RAYMOND AMOS
>> Respondent on the cross-appeal
>> (and formally Appellant)
>> and
>> HER MAJESTY THE QUEEN
>> Appellant on the cross-appeal
>> (and formerly Respondent)
>> REASONS FOR JUDGMENT BY THE COURT
>>
>> I. Introduction
>>
>> [1] On September 16, 2015, David Raymond Amos (Mr. Amos)
>> filed a 53-page Statement of Claim (the Claim) in Federal Court
>> against Her Majesty the Queen (the Crown). Mr. Amos claims $11 million
>> in damages and a public apology from the Prime Minister and Provincial
>> Premiers for being illegally barred from accessing parliamentary
>> properties and seeks a declaration from the Minister of Public Safety
>> that the Canadian Government will no longer allow the Royal Canadian
>> Mounted Police (RCMP) and Canadian Forces to harass him and his clan
>> (Claim at para. 96).
>>
>> [2] On November 12, 2015 (Docket T-1557-15), by way of a
>> motion brought by the Crown, a prothonotary of the Federal Court (the
>> Prothonotary) struck the Claim in its entirety, without leave to
>> amend, on the basis that it was plain and obvious that the Claim
>> disclosed no reasonable claim, the Claim was fundamentally vexatious,
>> and the Claim could not be salvaged by way of further amendment (the
>> Prothontary’s Order).
>>
>>
>> [3] On January 25, 2016 (2016 FC 93), by way of Mr.
>> Amos’ appeal from the Prothonotary’s Order, a judge of the Federal
>> Court (the Judge), reviewing the matter de novo, struck all of Mr.
>> Amos’ claims for relief with the exception of the claim for damages
>> for being barred by the RCMP from the New Brunswick legislature in
>> 2004 (the Federal Court Judgment).
>>
>>
>> [4] Mr. Amos appealed and the Crown cross-appealed the
>> Federal Court Judgment. Further to the issuance of a Notice of Status
>> Review, Mr. Amos’ appeal was dismissed for delay on December 19, 2016.
>> As such, the only matter before this Court is the Crown’s
>> cross-appeal.
>>
>>
>> II. Preliminary Matter
>>
>> [5] Mr. Amos, in his memorandum of fact and law in
>> relation to the cross-appeal that was filed with this Court on March
>> 6, 2017, indicated that several judges of this Court, including two of
>> the judges of this panel, had a conflict of interest in this appeal.
>> This was the first time that he identified the judges whom he believed
>> had a conflict of interest in a document that was filed with this
>> Court. In his notice of appeal he had alluded to a conflict with
>> several judges but did not name those judges.
>>
>> [6] Mr. Amos was of the view that he did not have to
>> identify the judges in any document filed with this Court because he
>> had identified the judges in various documents that had been filed
>> with the Federal Court. In his view the Federal Court and the Federal
>> Court of Appeal are the same court and therefore any document filed in
>> the Federal Court would be filed in this Court. This view is based on
>> subsections 5(4) and 5.1(4) of the Federal Courts Act, R.S.C., 1985,
>> c. F-7:
>>
>>
>> 5(4) Every judge of the Federal Court is, by virtue of his or her
>> office, a judge of the Federal Court of Appeal and has all the
>> jurisdiction, power and authority of a judge of the Federal Court of
>> Appeal.
>> […]
>>
>> 5(4) Les juges de la Cour fédérale sont d’office juges de la Cour
>> d’appel fédérale et ont la même compétence et les mêmes pouvoirs que
>> les juges de la Cour d’appel fédérale.
>> […]
>> 5.1(4) Every judge of the Federal Court of Appeal is, by virtue of
>> that office, a judge of the Federal Court and has all the
>> jurisdiction, power and authority of a judge of the Federal Court.
>>
>> 5.1(4) Les juges de la Cour d’appel fédérale sont d’office juges de la
>> Cour fédérale et ont la même compétence et les mêmes pouvoirs que les
>> juges de la Cour fédérale.
>>
>>
>> [7] However, these subsections only provide that the
>> judges of the Federal Court are also judges of this Court (and vice
>> versa). It does not mean that there is only one court. If the Federal
>> Court and this Court were one Court, there would be no need for this
>> section.
>> [8] Sections 3 and 4 of the Federal Courts Act provide
>> that:
>> 3 The division of the Federal Court of Canada called the Federal Court
>> — Appeal Division is continued under the name “Federal Court of
>> Appeal” in English and “Cour d’appel fédérale” in French. It is
>> continued as an additional court of law, equity and admiralty in and
>> for Canada, for the better administration of the laws of Canada and as
>> a superior court of record having civil and criminal jurisdiction.
>>
>> 3 La Section d’appel, aussi appelée la Cour d’appel ou la Cour d’appel
>> fédérale, est maintenue et dénommée « Cour d’appel fédérale » en
>> français et « Federal Court of Appeal » en anglais. Elle est maintenue
>> à titre de tribunal additionnel de droit, d’equity et d’amirauté du
>> Canada, propre à améliorer l’application du droit canadien, et
>> continue d’être une cour supérieure d’archives ayant compétence en
>> matière civile et pénale.
>> 4 The division of the Federal Court of Canada called the Federal Court
>> — Trial Division is continued under the name “Federal Court” in
>> English and “Cour fédérale” in French. It is continued as an
>> additional court of law, equity and admiralty in and for Canada, for
>> the better administration of the laws of Canada and as a superior
>> court of record having civil and criminal jurisdiction.
>>
>> 4 La section de la Cour fédérale du Canada, appelée la Section de
>> première instance de la Cour fédérale, est maintenue et dénommée «
>> Cour fédérale » en français et « Federal Court » en anglais. Elle est
>> maintenue à titre de tribunal additionnel de droit, d’equity et
>> d’amirauté du Canada, propre à améliorer l’application du droit
>> canadien, et continue d’être une cour supérieure d’archives ayant
>> compétence en matière civile et pénale.
>>
>>
>> [9] Sections 3 and 4 of the Federal Courts Act create
>> two separate courts – this Court (section 3) and the Federal Court
>> (section 4). If, as Mr. Amos suggests, documents filed in the Federal
>> Court were automatically also filed in this Court, then there would no
>> need for the parties to prepare and file appeal books as required by
>> Rules 343 to 345 of the Federal Courts Rules, SOR/98-106 in relation
>> to any appeal from a decision of the Federal Court. The requirement to
>> file an appeal book with this Court in relation to an appeal from a
>> decision of the Federal Court makes it clear that the only documents
>> that will be before this Court are the documents that are part of that
>> appeal book.
>>
>>
>> [10] Therefore, the memorandum of fact and law filed on
>> March 6, 2017 is the first document, filed with this Court, in which
>> Mr. Amos identified the particular judges that he submits have a
>> conflict in any matter related to him.
>>
>>
>> [11] On April 3, 2017, Mr. Amos attempted to bring a motion
>> before the Federal Court seeking an order “affirming or denying the
>> conflict of interest he has” with a number of judges of the Federal
>> Court. A judge of the Federal Court issued a direction noting that if
>> Mr. Amos was seeking this order in relation to judges of the Federal
>> Court of Appeal, it was beyond the jurisdiction of the Federal Court.
>> Mr. Amos raised the Federal Court motion at the hearing of this
>> cross-appeal. The Federal Court motion is not a motion before this
>> Court and, as such, the submissions filed before the Federal Court
>> will not be entertained. As well, since this was a motion brought
>> before the Federal Court (and not this Court), any documents filed in
>> relation to that motion are not part of the record of this Court.
>>
>>
>> [12] During the hearing of the appeal Mr. Amos alleged that
>> the third member of this panel also had a conflict of interest and
>> submitted some documents that, in his view, supported his claim of a
>> conflict. Mr. Amos, following the hearing of his appeal, was also
>> afforded the opportunity to provide a brief summary of the conflict
>> that he was alleging and to file additional documents that, in his
>> view, supported his allegations. Mr. Amos submitted several pages of
>> documents in relation to the alleged conflicts. He organized the
>> documents by submitting a copy of the biography of the particular
>> judge and then, immediately following that biography, by including
>> copies of the documents that, in his view, supported his claim that
>> such judge had a conflict.
>>
>>
>> [13] The nature of the alleged conflict of Justice Webb is
>> that before he was appointed as a Judge of the Tax Court of Canada in
>> 2006, he was a partner with the law firm Patterson Law, and before
>> that with Patterson Palmer in Nova Scotia. Mr. Amos submitted that he
>> had a number of disputes with Patterson Palmer and Patterson Law and
>> therefore Justice Webb has a conflict simply because he was a partner
>> of these firms. Mr. Amos is not alleging that Justice Webb was
>> personally involved in or had any knowledge of any matter in which Mr.
>> Amos was involved with Justice Webb’s former law firm – only that he
>> was a member of such firm.
>>
>>
>> [14] During his oral submissions at the hearing of his
>> appeal Mr. Amos, in relation to the alleged conflict for Justice Webb,
>> focused on dealings between himself and a particular lawyer at
>> Patterson Law. However, none of the documents submitted by Mr. Amos at
>> the hearing or subsequently related to any dealings with this
>> particular lawyer nor is it clear when Mr. Amos was dealing with this
>> lawyer. In particular, it is far from clear whether such dealings were
>> after the time that Justice Webb was appointed as a Judge of the Tax
>> Court of Canada over 10 years ago.
>>
>>
>> [15] The documents that he submitted in relation to the
>> alleged conflict for Justice Webb largely relate to dealings between
>> Byron Prior and the St. John’s Newfoundland and Labrador office of
>> Patterson Palmer, which is not in the same province where Justice Webb
>> practiced law. The only document that indicates any dealing between
>> Mr. Amos and Patterson Palmer is a copy of an affidavit of Stephen May
>> who was a partner in the St. John’s NL office of Patterson Palmer. The
>> affidavit is dated January 24, 2005 and refers to a number of e-mails
>> that were sent by Mr. Amos to Stephen May. Mr. Amos also included a
>> letter that is addressed to four individuals, one of whom is John
>> Crosbie who was counsel to the St. John’s NL office of Patterson
>> Palmer. The letter is dated September 2, 2004 and is addressed to
>> “John Crosbie, c/o Greg G. Byrne, Suite 502, 570 Queen Street,
>> Fredericton, NB E3B 5E3”. In this letter Mr. Amos alludes to a
>> possible lawsuit against Patterson Palmer.
>> [16] Mr. Amos’ position is that simply because Justice Webb
>> was a lawyer with Patterson Palmer, he now has a conflict. In Wewaykum
>> Indian Band v. Her Majesty the Queen, 2003 SCC 45, [2003] 2 S.C.R.
>> 259, the Supreme Court of Canada noted that disqualification of a
>> judge is to be determined based on whether there is a reasonable
>> apprehension of bias:
>> 60 In Canadian law, one standard has now emerged as the
>> criterion for disqualification. The criterion, as expressed by de
>> Grandpré J. in Committee for Justice and Liberty v. National Energy
>> Board, …[[1978] 1 S.C.R. 369, 68 D.L.R. (3d) 716], at p. 394, is the
>> reasonable apprehension of bias:
>> … the apprehension of bias must be a reasonable one, held by
>> reasonable and right minded persons, applying themselves to the
>> question and obtaining thereon the required information. In the words
>> of the Court of Appeal, that test is "what would an informed person,
>> viewing the matter realistically and practically -- and having thought
>> the matter through -- conclude. Would he think that it is more likely
>> than not that [the decision-maker], whether consciously or
>> unconsciously, would not decide fairly."
>>
>> [17] The issue to be determined is whether an informed
>> person, viewing the matter realistically and practically, and having
>> thought the matter through, would conclude that Mr. Amos’ allegations
>> give rise to a reasonable apprehension of bias. As this Court has
>> previously remarked, “there is a strong presumption that judges will
>> administer justice impartially” and this presumption will not be
>> rebutted in the absence of “convincing evidence” of bias (Collins v.
>> Canada, 2011 FCA 140 at para. 7, [2011] 4 C.T.C. 157 [Collins]. See
>> also R. v. S. (R.D.), [1997] 3 S.C.R. 484 at para. 32, 151 D.L.R.
>> (4th) 193).
>>
>> [18] The Ontario Court of Appeal in Rando Drugs Ltd. v.
>> Scott, 2007 ONCA 553, 86 O.R. (3d) 653 (leave to appeal to the Supreme
>> Court of Canada refused, 32285 (August 1, 2007)), addressed the
>> particular issue of whether a judge is disqualified from hearing a
>> case simply because he had been a member of a law firm that was
>> involved in the litigation that was now before that judge. The Ontario
>> Court of Appeal determined that the judge was not disqualified if the
>> judge had no involvement with the person or the matter when he was a
>> lawyer. The Ontario Court of Appeal also explained that the rules for
>> determining whether a judge is disqualified are different from the
>> rules to determine whether a lawyer has a conflict:
>> 27 Thus, disqualification is not the natural corollary to a
>> finding that a trial judge has had some involvement in a case over
>> which he or she is now presiding. Where the judge had no involvement,
>> as here, it cannot be said that the judge is disqualified.
>>
>>
>> 28 The point can rightly be made that had Mr. Patterson been
>> asked to represent the appellant as counsel before his appointment to
>> the bench, the conflict rules would likely have prevented him from
>> taking the case because his firm had formerly represented one of the
>> defendants in the case. Thus, it is argued how is it that as a trial
>> judge Patterson J. can hear the case? This issue was considered by the
>> Court of Appeal (Civil Division) in Locabail (U.K.) Ltd. v. Bayfield
>> Properties Ltd., [2000] Q.B. 451. The court held, at para. 58, that
>> there is no inflexible rule governing the disqualification of a judge
>> and that, "[e]verything depends on the circumstances."
>>
>>
>> 29 It seems to me that what appears at first sight to be an
>> inconsistency in application of rules can be explained by the
>> different contexts and in particular, the strong presumption of
>> judicial impartiality that applies in the context of disqualification
>> of a judge. There is no such presumption in cases of allegations of
>> conflict of interest against a lawyer because of a firm's previous
>> involvement in the case. To the contrary, as explained by Sopinka J.
>> in MacDonald Estate v. Martin (1990), 77 D.L.R. (4th) 249 (S.C.C.),
>> for sound policy reasons there is a presumption of a disqualifying
>> interest that can rarely be overcome. In particular, a conclusory
>> statement from the lawyer that he or she had no confidential
>> information about the case will never be sufficient. The case is the
>> opposite where the allegation of bias is made against a trial judge.
>> His or her statement that he or she knew nothing about the case and
>> had no involvement in it will ordinarily be accepted at face value
>> unless there is good reason to doubt it: see Locabail, at para. 19.
>>
>>
>> 30 That brings me then to consider the particular circumstances
>> of this case and whether there are serious grounds to find a
>> disqualifying conflict of interest in this case. In my view, there are
>> two significant factors that justify the trial judge's decision not to
>> recuse himself. The first is his statement, which all parties accept,
>> that he knew nothing of the case when it was in his former firm and
>> that he had nothing to do with it. The second is the long passage of
>> time. As was said in Wewaykum, at para. 85:
>> To us, one significant factor stands out, and must inform
>> the perspective of the reasonable person assessing the impact of this
>> involvement on Binnie J.'s impartiality in the appeals. That factor is
>> the passage of time. Most arguments for disqualification rest on
>> circumstances that are either contemporaneous to the decision-making,
>> or that occurred within a short time prior to the decision-making.
>> 31 There are other factors that inform the issue. The Wilson
>> Walker firm no longer acted for any of the parties by the time of
>> trial. More importantly, at the time of the motion, Patterson J. had
>> been a judge for six years and thus had not had a relationship with
>> his former firm for a considerable period of time.
>>
>>
>> 32 In my view, a reasonable person, viewing the matter
>> realistically would conclude that the trial judge could deal fairly
>> and impartially with this case. I take this view principally because
>> of the long passage of time and the trial judge's lack of involvement
>> in or knowledge of the case when the Wilson Walker firm had carriage.
>> In these circumstances it cannot be reasonably contended that the
>> trial judge could not remain impartial in the case. The mere fact that
>> his name appears on the letterhead of some correspondence from over a
>> decade ago would not lead a reasonable person to believe that he would
>> either consciously or unconsciously favour his former firm's former
>> client. It is simply not realistic to think that a judge would throw
>> off his mantle of impartiality, ignore his oath of office and favour a
>> client - about whom he knew nothing - of a firm that he left six years
>> earlier and that no longer acts for the client, in a case involving
>> events from over a decade ago.
>> (emphasis added)
>>
>> [19] Justice Webb had no involvement with any matter
>> involving Mr. Amos while he was a member of Patterson Palmer or
>> Patterson Law, nor does Mr. Amos suggest that he did. Mr. Amos made it
>> clear during the hearing of this matter that the only reason for the
>> alleged conflict for Justice Webb was that he was a member of
>> Patterson Law and Patterson Palmer. This is simply not enough for
>> Justice Webb to be disqualified. Any involvement of Mr. Amos with
>> Patterson Law while Justice Webb was a member of that firm would have
>> had to occur over 10 years ago and even longer for the time when he
>> was a member of Patterson Palmer. In addition to the lack of any
>> involvement on his part with any matter or dispute that Mr. Amos had
>> with Patterson Law or Patterson Palmer (which in and of itself is
>> sufficient to dispose of this matter), the length of time since
>> Justice Webb was a member of Patterson Law or Patterson Palmer would
>> also result in the same finding – that there is no conflict in Justice
>> Webb hearing this appeal.
>>
>> [20] Similarly in R. v. Bagot, 2000 MBCA 30, 145 Man. R.
>> (2d) 260, the Manitoba Court of Appeal found that there was no
>> reasonable apprehension of bias when a judge, who had been a member of
>> the law firm that had been retained by the accused, had no involvement
>> with the accused while he was a lawyer with that firm.
>>
>> [21] In Del Zotto v. Minister of National Revenue, [2000] 4
>> F.C. 321, 257 N.R. 96, this court did find that there would be a
>> reasonable apprehension of bias where a judge, who while he was a
>> lawyer, had recorded time on a matter involving the same person who
>> was before that judge. However, this case can be distinguished as
>> Justice Webb did not have any time recorded on any files involving Mr.
>> Amos while he was a lawyer with Patterson Palmer or Patterson Law.
>>
>> [22] Mr. Amos also included with his submissions a CD. He
>> stated in his affidavit dated June 26, 2017 that there is a “true copy
>> of an American police surveillance wiretap entitled 139” on this CD.
>> He has also indicated that he has “provided a true copy of the CD
>> entitled 139 to many American and Canadian law enforcement authorities
>> and not one of the police forces or officers of the court are willing
>> to investigate it”. Since he has indicated that this is an “American
>> police surveillance wiretap”, this is a matter for the American law
>> enforcement authorities and cannot create, as Mr. Amos suggests, a
>> conflict of interest for any judge to whom he provides a copy.
>>
>> [23] As a result, there is no conflict or reasonable
>> apprehension of bias for Justice Webb and therefore, no reason for him
>> to recuse himself.
>>
>> [24] Mr. Amos alleged that Justice Near’s past professional
>> experience with the government created a “quasi-conflict” in deciding
>> the cross-appeal. Mr. Amos provided no details and Justice Near
>> confirmed that he had no prior knowledge of the matters alleged in the
>> Claim. Justice Near sees no reason to recuse himself.
>>
>> [25] Insofar as it is possible to glean the basis for Mr.
>> Amos’ allegations against Justice Gleason, it appears that he alleges
>> that she is incapable of hearing this appeal because he says he wrote
>> a letter to Brian Mulroney and Jean Chrétien in 2004. At that time,
>> both Justice Gleason and Mr. Mulroney were partners in the law firm
>> Ogilvy Renault, LLP. The letter in question, which is rude and angry,
>> begins with “Hey you two Evil Old Smiling Bastards” and “Re: me suing
>> you and your little dogs too”. There is no indication that the letter
>> was ever responded to or that a law suit was ever commenced by Mr.
>> Amos against Mr. Mulroney. In the circumstances, there is no reason
>> for Justice Gleason to recuse herself as the letter in question does
>> not give rise to a reasonable apprehension of bias.
>>
>>
>> III. Issue
>>
>> [26] The issue on the cross-appeal is as follows: Did the
>> Judge err in setting aside the Prothonotary’s Order striking the Claim
>> in its entirety without leave to amend and in determining that Mr.
>> Amos’ allegation that the RCMP barred him from the New Brunswick
>> legislature in 2004 was capable of supporting a cause of action?
>>
>> IV. Analysis
>>
>> A. Standard of Review
>>
>> [27] Following the Judge’s decision to set aside the
>> Prothonotary’s Order, this Court revisited the standard of review to
>> be applied to discretionary decisions of prothonotaries and decisions
>> made by judges on appeals of prothonotaries’ decisions in Hospira
>> Healthcare Corp. v. Kennedy Institute of Rheumatology, 2016 FCA 215,
>> 402 D.L.R. (4th) 497 [Hospira]. In Hospira, a five-member panel of
>> this Court replaced the Aqua-Gem standard of review with that
>> articulated in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235
>> [Housen]. As a result, it is no longer appropriate for the Federal
>> Court to conduct a de novo review of a discretionary order made by a
>> prothonotary in regard to questions vital to the final issue of the
>> case. Rather, a Federal Court judge can only intervene on appeal if
>> the prothonotary made an error of law or a palpable and overriding
>> error in determining a question of fact or question of mixed fact and
>> law (Hospira at para. 79). Further, this Court can only interfere with
>> a Federal Court judge’s review of a prothonotary’s discretionary order
>> if the judge made an error of law or palpable and overriding error in
>> determining a question of fact or question of mixed fact and law
>> (Hospira at paras. 82-83).
>>
>> [28] In the case at bar, the Judge substituted his own
>> assessment of Mr. Amos’ Claim for that of the Prothonotary. This Court
>> must look to the Prothonotary’s Order to determine whether the Judge
>> erred in law or made a palpable and overriding error in choosing to
>> interfere.
>>
>>
>> B. Did the Judge err in interfering with the
>> Prothonotary’s Order?
>>
>> [29] The Prothontoary’s Order accepted the following
>> paragraphs from the Crown’s submissions as the basis for striking the
>> Claim in its entirety without leave to amend:
>>
>> 17. Within the 96 paragraph Statement of Claim, the Plaintiff
>> addresses his complaint in paragraphs 14-24, inclusive. All but four
>> of those paragraphs are dedicated to an incident that occurred in 2006
>> in and around the legislature in New Brunswick. The jurisdiction of
>> the Federal Court does not extend to Her Majesty the Queen in right of
>> the Provinces. In any event, the Plaintiff hasn’t named the Province
>> or provincial actors as parties to this action. The incident alleged
>> does not give rise to a justiciable cause of action in this Court.
>> (…)
>>
>>
>> 21. The few paragraphs that directly address the Defendant
>> provide no details as to the individuals involved or the location of
>> the alleged incidents or other details sufficient to allow the
>> Defendant to respond. As a result, it is difficult or impossible to
>> determine the causes of action the Plaintiff is attempting to advance.
>> A generous reading of the Statement of Claim allows the Defendant to
>> only speculate as to the true and/or intended cause of action. At
>> best, the Plaintiff’s action may possibly be summarized as: he
>> suspects he is barred from the House of Commons.
>> [footnotes omitted].
>>
>>
>> [30] The Judge determined that he could not strike the Claim
>> on the same jurisdictional basis as the Prothonotary. The Judge noted
>> that the Federal Court has jurisdiction over claims based on the
>> liability of Federal Crown servants like the RCMP and that the actors
>> who barred Mr. Amos from the New Brunswick legislature in 2004
>> included the RCMP (Federal Court Judgment at para. 23). In considering
>> the viability of these allegations de novo, the Judge identified
>> paragraph 14 of the Claim as containing “some precision” as it
>> identifies the date of the event and a RCMP officer acting as
>> Aide-de-Camp to the Lieutenant Governor (Federal Court Judgment at
>> para. 27).
>>
>>
>> [31] The Judge noted that the 2004 event could support a
>> cause of action in the tort of misfeasance in public office and
>> identified the elements of the tort as excerpted from Meigs v. Canada,
>> 2013 FC 389, 431 F.T.R. 111:
>>
>>
>> [13] As in both the cases of Odhavji Estate v Woodhouse, 2003 SCC
>> 69 [Odhavji] and Lewis v Canada, 2012 FC 1514 [Lewis], I must
>> determine whether the plaintiffs’ statement of claim pleads each
>> element of the alleged tort of misfeasance in public office:
>>
>> a) The public officer must have engaged in deliberate and unlawful
>> conduct in his or her capacity as public officer;
>>
>> b) The public officer must have been aware both that his or her
>> conduct was unlawful and that it was likely to harm the plaintiff; and
>>
>> c) There must be an element of bad faith or dishonesty by the public
>> officer and knowledge of harm alone is insufficient to conclude that a
>> public officer acted in bad faith or dishonestly.
>> Odhavji, above, at paras 23, 24 and 28
>> (Federal Court Judgment at para. 28).
>>
>> [32] The Judge determined that Mr. Amos disclosed sufficient
>> material facts to meet the elements of the tort of misfeasance in
>> public office because the actors, who barred him from the New
>> Brunswick legislature in 2004, including the RCMP, did so for
>> “political reasons” (Federal Court Judgment at para. 29).
>>
>> [33] This Court’s discussion of the sufficiency of pleadings
>> in Merchant Law Group v. Canada (Revenue Agency), 2010 FCA 184, 321
>> D.L.R (4th) 301 is particularly apt:
>>
>> …When pleading bad faith or abuse of power, it is not enough to
>> assert, baldly, conclusory phrases such as “deliberately or
>> negligently,” “callous disregard,” or “by fraud and theft did steal”.
>> “The bare assertion of a conclusion upon which the court is called
>> upon to pronounce is not an allegation of material fact”. Making bald,
>> conclusory allegations without any evidentiary foundation is an abuse
>> of process…
>>
>> To this, I would add that the tort of misfeasance in public office
>> requires a particular state of mind of a public officer in carrying
>> out the impunged action, i.e., deliberate conduct which the public
>> officer knows to be inconsistent with the obligations of his or her
>> office. For this tort, particularization of the allegations is
>> mandatory. Rule 181 specifically requires particularization of
>> allegations of “breach of trust,” “wilful default,” “state of mind of
>> a person,” “malice” or “fraudulent intention.”
>> (at paras. 34-35, citations omitted).
>>
>> [34] Applying the Housen standard of review to the
>> Prothonotary’s Order, we are of the view that the Judge interfered
>> absent a legal or palpable and overriding error.
>>
>> [35] The Prothonotary determined that Mr. Amos’ Claim
>> disclosed no reasonable claim and was fundamentally vexatious on the
>> basis of jurisdictional concerns and the absence of material facts to
>> ground a cause of action. Paragraph 14 of the Claim, which addresses
>> the 2004 event, pleads no material facts as to how the RCMP officer
>> engaged in deliberate and unlawful conduct, knew that his or her
>> conduct was unlawful and likely to harm Mr. Amos, and acted in bad
>> faith. While the Claim alleges elsewhere that Mr. Amos was barred from
>> the New Brunswick legislature for political and/or malicious reasons,
>> these allegations are not particularized and are directed against
>> non-federal actors, such as the Sergeant-at-Arms of the Legislative
>> Assembly of New Brunswick and the Fredericton Police Force. As such,
>> the Judge erred in determining that Mr. Amos’ allegation that the RCMP
>> barred him from the New Brunswick legislature in 2004 was capable of
>> supporting a cause of action.
>>
>> [36] In our view, the Claim is made up entirely of bare
>> allegations, devoid of any detail, such that it discloses no
>> reasonable cause of action within the jurisdiction of the Federal
>> Courts. Therefore, the Judge erred in interfering to set aside the
>> Prothonotary’s Order striking the claim in its entirety. Further, we
>> find that the Prothonotary made no error in denying leave to amend.
>> The deficiencies in Mr. Amos’ pleadings are so extensive such that
>> amendment could not cure them (see Collins at para. 26).
>>
>> V. Conclusion
>> [37] For the foregoing reasons, we would allow the Crown’s
>> cross-appeal, with costs, setting aside the Federal Court Judgment,
>> dated January 25, 2016 and restoring the Prothonotary’s Order, dated
>> November 12, 2015, which struck Mr. Amos’ Claim in its entirety
>> without leave to amend.
>> "Wyman W. Webb"
>> J.A.
>> "David G. Near"
>> J.A.
>> "Mary J.L. Gleason"
>> J.A.
>>
>>
>>
>> FEDERAL COURT OF APPEAL
>> NAMES OF COUNSEL AND SOLICITORS OF RECORD
>>
>> A CROSS-APPEAL FROM AN ORDER OF THE HONOURABLE JUSTICE SOUTHCOTT DATED
>> JANUARY 25, 2016; DOCKET NUMBER T-1557-15.
>> DOCKET:
>>
>> A-48-16
>>
>>
>>
>> STYLE OF CAUSE:
>>
>> DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN
>>
>>
>>
>> PLACE OF HEARING:
>>
>> Fredericton,
>> New Brunswick
>>
>> DATE OF HEARING:
>>
>> May 24, 2017
>>
>> REASONS FOR JUDGMENT OF THE COURT BY:
>>
>> WEBB J.A.
>> NEAR J.A.
>> GLEASON J.A.
>>
>> DATED:
>>
>> October 30, 2017
>>
>> APPEARANCES:
>> David Raymond Amos
>>
>>
>> For The Appellant / respondent on cross-appeal
>> (on his own behalf)
>>
>> Jan Jensen
>>
>>
>> For The Respondent / appELLANT ON CROSS-APPEAL
>>
>> SOLICITORS OF RECORD:
>> Nathalie G. Drouin
>> Deputy Attorney General of Canada
>>
>> For The Respondent / APPELLANT ON CROSS-APPEAL
>>
>>
>> https://www.facebook.com/johnwilliamsonNB/photos/a.848901995163272.1073741826.172576949462450/1765074580212671/?type=3
>>
>> John Williamson - Conservative Nomination Candidate New Brunswick
>> Southwest
>> May 17 at 12:48pm ·
>>
>> Great news! John Williamson is running for the federal Conservative
>> nomination in New Brunswick Southwest. He needs your help to secure
>> the riding and defeat the Trudeau Liberals in 2019.
>>
>> Having served as Member of Parliament from 2011-2015, he knows the
>> issues, has proven ability, and can win: John had the highest
>> Conservative vote — 38.6% — of all 32 ridings in Atlantic Canada in
>> 2015. It wasn’t enough to get over the top, but it was a clear signal
>> that his local campaign was strong.
>>
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>> here: https://donate.conservative.ca/membership/
>>
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>>
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>>
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>>
>> Progressive Conservative MLA calls it quits at provincial level
>> Brian Macdonald won't run again for legislature seat, but might try
>> federal politics
>> CBC News · Posted: May 28, 2018 6:07 PM AT | Last Updated: May 28
>> Brian Macdonald, a Progressive Conservative MLA, has announced he
>> won't run in the Sept. 24 provincial election. (CBC)
>>
>> New Brunswick's Progressive Conservative party is losing one of its
>> highest-profile MLAs just months before the next provincial election.
>>
>> Brian Macdonald says he won't be a candidate this fall and may instead
>> jump into federal politics.
>>
>> Calling the last year "my best year in politics," the two-term MLA
>> said his decision has nothing to do with PC Leader Blaine Higgs, who
>> beat Macdonald for the party leadership in 2016.
>>
>> "It's been a really good year," Macdonald said. "I've had a strong
>> voice in the legislature on issues that are really important to my
>> heart.
>>
>> "I also think it can be a challenge being in provincial politics. It's
>> very small, it's very close, it's very tight, and on a personal basis,
>> I want to move on."
>>
>> Macdonald says he’s considering running for the federal Conservative
>> nomination in New Brunswick Southwest, which includes part of the
>> riding of Fredericton West-Hanwell, where he has been the MLA. (CBC)
>>
>> Macdonald said he's considering running for the federal Conservative
>> nomination in New Brunswick Southwest, a constituency that includes
>> part of Macdonald's provincial riding of Fredericton West-Hanwell.
>>
>> Health critic slams 'gutting' of top doctor's office
>>
>> Blaine Higgs faces internal PC dissent over appointment
>>
>> That decision would pit him against former Conservative MP John
>> Williamson, who announced May 21 he'll also seek the nomination in the
>> riding he represented from 2011 to 2015. Party members in the riding
>> will nominate their candidate June 28.
>>
>> Macdonald said he'll also consider running federally in Fredericton.
>> The former soldier said he's also looking at job opportunities with
>> national organizations that advocate for veterans.
>>
>> "I'm looking for opportunities and considering a lot of options," he
>> said.
>>
>> Blaine Higgs wins N.B. PC leadership race on 3rd ballot
>>
>> Tory leadership hopefuls scramble to be 'second choice' of rivals'
>> supporters
>>
>> Macdonald is the fifth candidate from the 2016 provincial PC
>> leadership race to opt against running in this year's election under
>> Higgs.
>>
>> Macdonald said he is confident he would have won his riding again and
>> the Tories will win the election Sept. 24, meaning he'd have a shot of
>> becoming a minister.
>>
>> But he said being a provincial politician "does wear on you and it
>> does make you think about what the other options are. … If I go
>> another four years in provincial politics, it concerns me that my
>> options would be limited after that."
>>
>> The 47-year-old also said the recent death of some friends made him
>> realize he should pursue other opportunities when he can.
>>
>> Macdonald's interest in federal politics has been well-known for
>> years. He was a political assistant to former federal Defence Minister
>> Peter MacKay and sought the federal Conservative nomination for
>> Fredericton for the 2008 election.
>>
>> After failing to win that nomination, he ran provincially in
>> Fredericton-Silverwood in 2010 and was elected. He was re-elected in
>> the newly created riding of Fredericton West-Hanwell in 2014, when he
>> defeated then-NDP leader Dominic Cardy.
>>
>> Macdonald ran for the leadership of the New Brunswick Progressive
>> Conservative Party but lost to Blaine Higgs. (Jacques Poitras/CBC)
>>
>> In 2016, Macdonald ran for the PC leadership, placing sixth on the
>> first ballot out of seven candidates.
>>
>> Macdonald said he doesn't think his departure will hurt the provincial
>> party's chances of holding on to Fredericton West-Hanwell.
>>
>> "It's going to be very attractive to a number of high-calibre
>> candidates who are now beginning to come forward," he said.
>>
>

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https://www2.gnb.ca/content/gnb/en/news/news_release.2013.05.0408.html

News Release

Energy and Mines

New Electricity Act introduced

07 May 2013

FREDERICTON (GNB) – A new Electricity Act introduced in the legislative assembly today will allow NB Power to operate more efficiently, increase transparency and continue to provide stable electricity rates.

The act, introduced by Energy and Mines Minister Craig Leonard, will re-integrate the NB Power group of companies into one main company and one subsidiary, as opposed to seven separate companies. Also, the New Brunswick System Operator and the New Brunswick Electric Finance Corporation will be amalgamated into the new, vertically-integrated Crown utility to be called New Brunswick Power Corporation.

The changes come following the release of the New Brunswick Energy Blueprint in late 2011, which set out a 10-year energy policy and 3-year energy action plan for the province. Key principles of the blueprint are:

●   low and stable energy prices;
●   energy security;
●   reliability of the electrical system;
●   environmental responsibility; and
●   effective regulation.

All five of these key principles are reflected in the new Electricity Act.

“We are pleased to move forward with the re-integration of NB Power,” said Leonard. “Not only does it make good business sense, but other changes we are bringing forward will help to strengthen the utility's management and board of directors, require greater transparency at the utility and allow NB Power to pay down debt and operate like a business.”

The entire NB Power organization will be subject to regulatory review and scrutiny by the New Brunswick Energy and Utilities Board (EUB). Today only two of the seven NB Power companies are subject to review.

The new act will grant NB Power the exclusive right to sell electricity to customers in New Brunswick, with the exception of customers served by the municipal utilities in Edmundston, Perth-Andover and Saint John.

NB Power will also be granted the exclusive right to build new transmission lines in the province. However, it will be permitted to do so via partnerships or joint ventures with other companies in order to share project costs and risk.

As part of a series of new objectives outlined in the act, a merit-based process for recruiting and selecting candidates for NB Power's board of directors, as well as for the president and chief executive officer, will be introduced.

NB Power will no longer be permitted to increase rates up to three per cent with no hearing. Instead, the utility will be required to defend its rates before the EUB every year, regardless of the amount of increase.

The provincial government will no longer have the authority to override an EUB rate decision, giving the board final authority over electricity rates.

In addition, NB Power will be required to develop a long-term Integrated Resource Plan every three years, as well as a medium-term business plan annually with projections of electricity rates and capital expenditures over the 10 years covered by the plan.

The new act enshrines in legislation the government's policy objectives of permitting NB Power to achieve a capital structure of 20 percent equity by paying off $1 billion in debt; requiring NB Power to operate its facilities in the most efficient manner possible; and, to the extent practicable, maintaining electricity rates as low as possible and stable from year to year.

As a transitional measure, the act allows NB Power to increase electricity rates up to a maximum of two per cent on Oct. 1, 2013 and again on Oct. 1, 2014, if required, while the new re-integrated utility prepares for a number of regulatory matters with the EUB that result from the restructuring. Beginning in fiscal year 2015-16, rates will be set by the EUB every year.

Given the government's three-year rate freeze, which comes to an end on Sept. 30, the modest rate increases in 2013 and 2014 will help NB Power achieve the financial and debt reduction targets mandated by the government. This is intended to ensure the long-term financial health and sustainability of the Crown utility.

“After the three-year rate freeze we are pleased that NB Power is able to stay on track to meet its debt reduction target with reasonable increases of no more than two per cent per year over the next two years,” said Leonard. “NB Power has been able to reduce costs significantly while continuing to offer safe and reliable service to New Brunswickers.”

The Electricity Act is available online.

https://www1.gnb.ca/legis/bill/index-e.asp?legi=57&num=3&_ga=2.212016276.1033356340.1636831367-1899154421.1564789387

https://www.canlii.org/en/nb/laws/astat/snb-2013-c-28/latest/snb-2013-c-28.html

https://www.nbpower.com/en/about-us/accountability-reports/annual-and-quarterly-reports

https://www.greenpartynb.ca/bill_39_keeps_the_politics_in_nb_power

Bill 39 Keeps the Politics in NB Power

Posted by 341sc on May 22, 2013

22 MAY 2013

Bill 39, the proposed new Electricity Act, was debated yesterday in the Legislature during second reading. The Green Party says the debate overlooked the key problem with Bill 39. It fails to keep the politics out of NB Power.

"Energy Minister Craig Leonard claims that Bill 39 will ensure that NB Power will operate like a business, free from political interference, but nothing could be further from the truth," said Green party leader David Coon. "The dirty little secret is that Cabinet will still be in the driver's seat when it comes to determining the most important costs associated with running the electrical utility, and the costs determine the price of electricity," said Coon.

Unlike provinces such as Nova Scotia, Bill 39 requires NB Power to have its business plan, the Integrated Resource Plan, reviewed and approved by the provincial cabinet every three years rather than by the Energy and Utilities Board (EUB). Furthermore, while proposals for costly refurbishments or new power plants will be reviewed by the EUB, Cabinet retains the authority to make the final decision.

"Bill 39 gives Cabinet a direct role in approving NB Power expenditures, which determine the price the utility must charge for its electricity," said Coon. "Bill 39 keeps the politics in NB Power which is why the Green Party has been demanding it be sent to committee for public hearings," said the Green Party leader.

https://www1.gnb.ca/legis/bill/editform-e.asp?ID=994&legi=57&num=3

Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill

Home | Français

Electricity Act

Legislature :	57	Session :	3
Bill No. :	39	Member :	Hon. Craig Leonard
First Reading :	2013-5-7	Second Reading :	2013-5-21
Committee of the Whole :	2013-5-22 2013-6-18 2013-6-19	Amended :	2013-5-22 2013-6-18
Third Reading :	2013-6-21	Royal Assent :	2013-6-21
Download PDF :	Bill 39	View Text of First Reading Bill

Amendment :

Section 42 (PDF)

Section 142 (PDF)

Section 150 (PDF)

.........................................................................................................................................................................................................

Legend

* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for defeated
+++ Debate at second reading adjourned

BILL 39

Electricity Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

DEFINITIONS AND INTERPRETATION

Definitions

1 The following definitions apply in this Act.

“amalgamating corporations” means (personnes morales fusionnantes)

(a) the New Brunswick Power Holding Corporation, continued under the Business Corporations Act on October 1, 2004,

(b) the New Brunswick Power Distribution and Customer Service Corporation, incorporated under the Business Corporations Act on February 5, 2004,

(d) the New Brunswick Power Transmission Corporation, incorporated under the Business Corporations Act on February 5, 2004,

(e) the New Brunswick Power Coleson Cove Corporation, incorporated under the Business Corporations Act on February 5, 2004,

(f) Mine Reclamation Inc., the corporation that was continued under the Business Corporations Act on April 29, 1986, under the name N. B. Coal Limited and whose name was changed to Mine Reclamation Inc. by certificate of amendment issued under the Business Corporations Act on January 11, 2010,

(g) the New Brunswick Electric Finance Corporation, incorporated under the Business Corporations Act on October 1, 2004, and

(h) the New Brunswick System Operator, established under section 40 of the Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003.

“ancillary services” means those services necessary to support the transmission of capacity and energy from points of receipt to points of delivery while maintaining the reliable operation of the integrated electricity system. (services accessoires)

“approved reliability standard” means a reliability standard that is approved by the Board, including any modifications to it that are approved by the Board. (normes de fiabilité approuvées)

“approved transmission tariff ” means the transmission tariff approved or fixed by the Board and includes any change approved or made by the Board to that transmission tariff. (tarif de transport agréé)

“articles” means articles as defined in the Business Corporations Act. (statuts)

“Board” means the New Brunswick Energy and Utilities Board continued under the Energy and Utilities Board Act. (Commission)

“bulk power system” means the bulk power system as defined in the regulations. (réseau de production-transport)

“capacity-based ancillary services” means those ancillary services that are comprised of generation or load capacity that can be called on to vary supply or load. (services accessoires fondés sur la capacité)

“Chair” means the Chair of the board of directors of the Corporation. (président)

“compliance body” means any body designated as a compliance body in the regulations. (organisme de contrôle)

“Consolidated Fund” means the Consolidated Fund as defined in the Financial Administration Act. (Fonds consolidé)

“consumer” means a person who uses, for the person’s own consumption, electricity that the person did not generate. (consommateur)

“Corporation” means the corporation amalgamated and continued under subsection 3(1). (Société)

“Court” means The Court of Queen’s Bench of New Brunswick. (Cour)

“Crown” means Her Majesty the Queen in right of the Province of New Brunswick. (Couronne)

“Director” means Director as defined in the Business Corporations Act. (Directeur)

“distributed generation” means distributed generation as defined in the regulations. (production distribuée)

“distribution electric utility” means the Corporation or a municipal distribution utility. (entreprise de distribution d’électricité)

“distribution system” means a system for distributing electricity to consumers at voltages of less than 69 kilovolts, and includes any structures, equipment or other things used for that purpose. (réseau de distribution)

“electricity business rules” means the electricity business rules established under section 74. (règles commerciales régissant l’électricité)

“generation facility” means a facility for generating electricity or providing ancillary services, other than ancillary services provided by a transmitter through the operation of a transmission system, and includes any structures, equipment or other things used for that purpose. (installation de production)

“inspector” means an inspector appointed under section 133. (inspecteur)

“integrated electricity system” means the transmission systems in the Province and the structures, equipment or other things that connect those transmission systems with generation facilities and distribution systems in the Province and with transmission systems outside the Province. (réseau électrique intégré)

“land” includes any estate, term, easement, right or other interest in land. (bien-fonds)

“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act. (bureau d’enregistrement des biens-fonds)

“Marketing Corporation” means the New Brunswick Energy Marketing Corporation. (Corporation de commercialisation)

“Minister” means the Minister of Energy and Mines and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“municipal distribution utility”, with respect to the distribution of electricity, means (entreprise municipale de distribution d’électricité)

(a) The Power Commission of The City of Saint John,

(b) the city of Edmundston, or

“New Brunswick Energy Marketing Corporation” means the corporation referred to in subsection 51(1). (Corporation de commercialisation d’énergie du Nouveau-Brunswick)

“net metering” means net metering as defined in the regulations. (mesurage net)

“President and Chief Executive Officer” means the President and Chief Executive Officer of the Corporation. (président-directeur général)

“rates” includes tolls or charges. (tarifs)

“reliability standard” means a standard, rule or requirement established by a standards body for the planning, design or operation of the bulk power system within the interconnected electricity grid, for the purpose of (normes de fiabilité)

(a) providing a continuous supply of power, at acceptable voltage and frequency, in the Province and within the interconnected electricity grid, and

(b) minimizing instability, uncontrolled separation or cascading failures, and uncontrolled electricity flows, in the Province and within the interconnected electricity grid.

“revenue requirements” means the annual amount of revenue required to cover projected operation, maintenance and administrative expenses, amortization expenses, taxes, interest and other financing expenses and a reasonable return. (besoins en revenus)

“security” means a security as defined in the Securities Act. (valeur mobilière)

“standards body” means any body designated as a standards body in the regulations. (organisme de normalisation)

“subsidiary” has the same meaning as in the Business Corporations Act. (filiale)

“transmission revenue requirements” means, in relation to the provision of transmission service and ancillary services, the annual amount of revenue required by a transmitter to cover projected operation, maintenance and administrative expenses, amortization expenses, taxes, interest and other financing expenses and a reasonable return on equity. (besoins en revenus afférents au transport)

“transmission service” means the movement or transfer of electricity at voltages of 69 kilovolts or more over an interconnected group of lines and associated equipment between points of receipt and points of delivery to a consumer or to another electric system. (service de transport)

“transmission system” means a system for providing transmission service, and includes any structures, equipment or other things used for that service. (réseau de transport)

“transmission tariff” means a schedule of rates, terms and conditions, and classifications, including rules for calculation of rates, for the provision of transmission service and ancillary services. (tarif de transport)

“transmitter” means (transporteur)

(a) the Corporation, and

(b) any other person who, immediately before the commencement of this definition, owned a transmission system within the Province as well as any subsequent owner of that transmission system.

“Vice-Chair” means the Vice-Chair of the board of directors of the Corporation. (vice-président)

“works” means the facilities that are used to generate, distribute or transmit electricity, and includes any structures, equipment or other things used for that purpose. (ouvrage)

Conflict

2( 1) If a conflict exists between a provision of this Act or of any regulation made under this Act, and a provision of another Act or of any regulation made under that Act, the provision of this Act or of the regulation made under this Act prevails.

2( 2) If a conflict exists between a provision of the approved transmission tariff and a provision of the electricity business rules, the provision of the approved transmission tariff prevails.

2( 3) If a conflict exits between a provision of an approved reliability standard and a provision of the electricity business rules, the more stringent provision prevails.

2( 4) If a conflict exists between a provision of an approved reliability standard and a provision of the approved transmission tariff, the more stringent provision prevails.

PART 2

NEW BRUNSWICK
POWER CORPORATION

Division A

Amalgamation

Amalgamated corporation

3( 1) Despite the Business Corporations Act, the amalgamating corporations are amalgamated and shall continue as a corporation with share capital under the name New Brunswick Power Corporation in English and Société d’énergie du Nouveau-Brunswick in French.

3( 2) The Corporation may use and be legally designated by the English or French version of its name.

3( 3) The Corporation is a Crown corporation and is, for all purposes, an agent of the Crown.

3( 4) Subject to this Act, the Corporation has the capacity, rights, powers and privileges of a natural person.

3( 5) The Corporation has the capacity to carry on its business, conduct its affairs and exercise its powers outside the Province.

3( 6) The Business Corporations Act does not apply to the Corporation.

3( 7) The head office of the Corporation shall be at The City of Fredericton.

Effect of amalgamation

4 On the commencement of subsection 3(1),

(a) the shares of the amalgamating corporations with share capital, other than the Class A common share of the New Brunswick Power Holding Corporation, are cancelled without any repayment of capital in respect of those shares,

(b) the Class A common share of the New Brunswick Power Holding Corporation held by the Crown, as represented by the Minister, is changed into one common share in the capital of the Corporation,

(d) the Corporation continues to be liable for the obligations of each amalgamating corporation,

(e) subject to paragraph (f), an existing cause of action, claim or liability to prosecution by or against an amalgamating corporation is unaffected,

(f) a civil, criminal or administrative action or proceeding pending by or against an amalgamating corporation may continue to be prosecuted by or against the Corporation,

(g) a conviction against, or ruling, order or judgment in favour of or against an amalgamating corporation may be enforced by or against the Corporation, and

(h) in any document it is sufficient to cite this Act as effecting the amalgamation of the amalgamating corporations.

Real property

5( 1) The following definitions apply in this section.

“approved parcel identifier ” means an approved parcel identifier as defined in the Land Titles Act. (numéro d’identification approuvé)

“Chief Registar of Deeds” means the Chief Registrar of Deeds appointed under the Registry Act. (conservateur en chef des titres de propriété)

“instrument record” means instrument record as defined in the Land Titles Act. (registre des instruments)

“land titles office” means a land titles office as defined in the Land Titles Act. (bureau d’enregistrement foncier)

“register” (enregistrer)

(a) in paragraph (5)(a), means register as defined in the Land Titles Act, and

(b) in paragraph (5)(b), means register within the meaning of the Registry Act.

“registered land” means registered land as defined in the Land Titles Act. (bien-fonds enregistré)

“registered owner” means registered owner as defined in the Land Titles Act. (propriétaire enregistré)

“registrar” (registrateur)

(a) in paragraph (5)(a), means registrar as defined in the Land Titles Act, and

(b) in paragraph (5)(b), means registrar as defined in the Registry Act.

“Registrar General” means the Registrar General as defined in the Land Titles Act. (registrateur général)

5( 2) Without delay after the amalgamation under subsection 3(1), the Corporation shall file a notice in a land titles office for the District of New Brunswick and in the registry office established under the Registry Act for each county in the Province that indicates

(a) that the amalgamating corporations have been amalgamated, and

(b) that all title and interests in real property held in the name of each of the amalgamating corporations immediately before the amalgamation under subsection 3(1) are now held in the name of the Corporation.

5( 3) The notice referred to in subsection (2) shall be deemed to be an instrument for the purposes of the Land Titles Act and the Registry Act.

5( 4) The notice referred to in subsection (2) shall be in a form acceptable to the Registrar General and the Chief Registrar of Deeds.

5( 5) On receipt of the notice referred to in subsection (2),

(a) the registrar shall, despite section 18 of the Land Titles Act and despite any failure of the Corporation to comply with any provision of the Land Titles Act or any regulation under that Act,

( i) identify all the approved parcel identifiers associated with registered land with respect to which any of the amalgamating corporations was the registered owner or held a registered leasehold interest immediately before the amalgamation under subsection 3(1),

( ii) assign a registration number, date and time to the notice and enter a record of the notice, date, time and number in the instrument record,

( iii) enter a record of the acceptance of the notice for registration in the instrument record,

( iv) register the notice in respect of the registered land represented by the approved parcel identifiers referred to in subparagraph (i), and

( v) issue new certificates of registered ownership to the Corporation in respect of all registered land with respect to which it is the registered owner or holds a registered leasehold interest, and

(b) despite any failure of the Corporation to comply with any provision of the Registry Act or any regulation under that Act, the registrar for each county in the Province shall register the notice.

5( 6) Section 55 of the Land Titles Act and section 44 of the Registry Act do not apply to the registration of the notice referred to in subsection (2).

5( 7) No claim shall be made and no action or other proceeding lies or shall be instituted against the Minister, the Crown or the Corporation by reason of any prejudice suffered as a result of any delay in filing a notice under subsection (2).

Shares and other securities

6( 1) The authorized capital of the Corporation consists of an unlimited number of common shares without nominal or par value.

6( 2) The Corporation may, by by-law,

(a) subdivide its shares, or any of them, into one or more classes, fix the number of shares in each class and determine that, as between the holders of the shares resulting from the subdivision, one or more of the shares shall have some preference or special advantage as regards dividend, capital, voting or otherwise, over, or as compared with, the others or other, or

(b) convert any part of its issued or unissued share capital into preferred shares redeemable or purchasable by the Corporation.

6( 3) No person shall transfer any notes, bonds, debentures or other securities of the Corporation, other than non-convertible debt securities, without the approval of the Lieutenant-Governor in Council.

6( 4) Subject to the rights, privileges, restrictions and conditions attaching to a class of shares and subject to subsection 36(6), the Corporation may purchase or otherwise acquire shares issued by it.

6( 5) The Corporation may issue certificates in any form approved by the board of directors of the Corporation to evidence any shares or other securities issued by the Corporation.

Continuation of employment

7( 1) On the commencement of subsection 3(1), the employment of an employee of any of the amalgamating corporations continues with the Corporation.

7( 2) The employment of an employee referred to in subsection (1) shall be deemed to have continued with the Corporation without interruption in service, and the rights, duties and obligations of the employer and employee continue accordingly, with any modifications that are necessary.

7( 3) An employee whose employment is continued under subsection (1) shall be deemed not to have been dismissed, constructively dismissed or laid-off.

7( 4) If the employment of an employee is continued under subsection (1), nothing in this Act

(a) prevents the employment from being lawfully terminated after the continuation, or

(b) prevents any term or condition of the employment from being lawfully changed after the continuation.

7( 5) Service of an employee referred to in subsection (1) with an amalgamating corporation or a predecessor of an amalgamating corporation is deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act, at common law or under any applicable contract of employment or collective agreement.

Deemed certification of bargaining agent

8( 1) On the commencement of subsection 3(1), Local 37 of the International Brotherhood of Electrical Workers shall be deemed to have been certified by the Labour and Employment Board, pursuant to the Public Service Labour Relations Act, as the bargaining agent of each of the bargaining units of the employees who are included in a bargaining unit and whose employment is continued under subsection 7(1), and that bargaining agent has the same rights, duties and obligations that existed before the continuation.

8( 2) Subsection (1) ceases to have effect on the date of the issuance of the certification order or orders under paragraph 10(2)(c) by the Labour and Employment Board.

Deemed application of collective agreement

9( 1) Any collective agreement that is applicable to an amalgamating corporation and any of its employees and to Local 37 of the International Brotherhood of Electrical Workers immediately before the commencement of subsection 3(1) shall be deemed to apply as if entered into directly between the Corporation and Local 37 of the International Brotherhood of Electrical Workers, and the rights, duties and obligations of the employer, the bargaining agent and the employees continue accordingly, with any modifications that are necessary.

9( 2) Subsection (1) ceases to have effect on the date of the making of a declaration by the Labour and Employment Board under paragraph 10(2)(d).

Hearing before the Labour and Employment Board

10( 1) Within 30 days after the commencement of subsection 3(1), Local 37 of the International Brotherhood of Electrical Workers and the Corporation, or either of them, shall give written notice to the Labour and Employment Board of the date of the continuation of the employment of the employees referred to in subsection 7(1).

10( 2) Despite that Local 37 of the International Brotherhood of Electrical Workers has been deemed under subsection 8(1) to be certified as the bargaining agent for the bargaining units of the employees referred to in subsection 7(1) who are included in a bargaining unit, the Labour and Employment Board shall

(a) within 120 days after the commencement of subsection 3(1), commence a hearing under the Public Service Labour Relations Act,

(b) identify the appropriate bargaining units for the employees of the Corporation who are covered by the deeming provision under subsection 8(1),

(c) issue a certification order or orders for Local 37 of the International Brotherhood of Electrical Workers in respect of the employees of the Corporation who are in the appropriate bargaining units identified under paragraph (b), and

(d) declare that the collective agreements entered into by any of the amalgamating corporations are and continue to be binding on the Corporation as if entered into directly between it and Local 37 of the International Brotherhood of Electrical Workers with the rights, duties and obligations of the employer, the bargaining agent and the employees continuing under the collective agreement to the extent determined by the Labour and Employment Board.

10( 3) A hearing referred to in paragraph (2)(a) and a hearing referred to in paragraph 60(2)(a) may be held at the same time or separately, as determined by the Labour and Employment Board.

10( 4) The Labour and Employment Board possesses all the powers and jurisdiction necessary to give effect to this section.

Certain rights not affected

11 The amalgamation under subsection 3(1) or the continuation of the employment of employees under subsection 7(1)

(a) shall be deemed not to constitute

( i) a breach, termination, repudiation or frustration of any contract, including a contract of employment or insurance,

( ii) a breach of any Act, regulation or municipal or rural community by-law, or

( iii) an event of default or force majeure under any contract,

(b) shall be deemed not to give rise to a breach, termination, repudiation or frustration of any licence, permit or other right,

(c) shall be deemed not to give rise to any right to terminate or repudiate a contract, licence, permit or other right, and

(d) shall be deemed not to give rise to any estoppel.

Proceedings barred

12( 1) No action or other proceeding lies or shall be instituted against the Minister, the Crown or the Corporation, or any employee or agent of any of them, as a direct or indirect result of the amalgamation under subsection 3(1) or any regulations, orders-in-council, directives, orders or decisions made under the authority of this Act in relation to the amalgamation under subsection 3(1).

12( 2) Nothing in this Act creates a cause of action in favour of

(a) a holder of a security that was issued by any of the amalgamating corporations or any of their predecessors, or

(b) a party to a contract with an amalgamating corporation or any of its predecessors that was entered into before the commencement of this section.

Liability of Crown

13( 1) The liability of the Crown as guarantor of a security or other liability of any of the amalgamating corporations or any of their predecessors pursuant to a written guarantee given by the Crown before the commencement of this section is not affected by anything in this Act.

13( 2) The liability of the Crown as principal of any of the amalgamating corporations or any of their predecessors with respect to liabilities and obligations entered into by any of the amalgamating corporations or any of their predecessors on behalf of the Crown before the commencement of this section is not affected by anything in this Act.

Exemptions from other Acts

14 Any Acts or provisions of Acts that are prescribed by the regulations do not apply to the amalgamation under subsection 3(1) or to the continuation of the employment of employees under subsection 7(1).

Division B

Board of directors, officers and employees

Board of directors

15( 1) The board of directors of the Corporation shall administer the business and affairs of the Corporation on a commercial basis, taking into consideration government policy.

15( 2) The board of directors of the Corporation shall be composed of

(a) the President and Chief Executive Officer, who shall be a non-voting member of the board of directors, and

(b) not more than 14 directors appointed by the Lieutenant-Governor in Council.

15( 3) The directors referred to in paragraph (2)(b) shall be appointed for a term not exceeding five years.

15( 4) Despite subsection (3), a director referred to in paragraph (2)(b) shall hold office at the pleasure of the Lieutenant-Governor in Council.

15( 5) A director referred to in paragraph (2)(b) shall be appointed from among those persons nominated by the board of directors of the Corporation in accordance with subsection (7).

15( 6) Before making nominations under this section, the board of directors of the Corporation shall advise the Lieutenant-Governor in Council of

(a) the skills and qualifications required of the board of directors as a whole in order for the board to carry out its functions, and

(b) the skills and qualification requirements for nominees for the board of directors position or positions to be filled.

15( 7) In making nominations under this section, the board of directors of the Corporation shall

(a) use a merit-based and objective approach,

(b) ensure that the board of directors as a whole has the necessary skills and qualifications to carry out its functions,

(c) provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes, and

(d) comply with any regulations made under paragraph 142(1)(b).

15( 8) A director referred to in paragraph (2)(b) may be reappointed for a second or subsequent term of office not exceeding five years, but subsection (5) does not apply to a director who is reappointed before or immediately after the expiry of his or her previous term.

15( 9) Despite subsections (3) and (8) and subject to subsection (4), a director referred to in paragraph (2)(b) shall remain in office until the director resigns or is reappointed or replaced.

15( 10) The resignation of a director becomes effective at the time a written resignation is received by the Corporation, or at the time specified in the resignation, whichever is later.

15( 11) A vacancy on the board of directors of the Corporation does not impair the capacity of the board to act as long as a quorum is maintained.

Chair and Vice-Chair

16( 1) The Lieutenant-Governor in Council shall appoint from among the directors referred to in paragraph 15(2)(b) a Chair and a Vice-Chair.

16( 2) A Chair or Vice-Chair shall hold office as such for a term to be fixed by the Lieutenant-Governor in Council and may be reappointed as Chair or Vice-Chair for a second or subsequent term of office.

16( 3) Subject to subsection (4), the Chair, or in his or her absence, the Vice-Chair, shall preside at meetings of the board of directors of the Corporation.

16( 4) If the Chair and Vice-Chair are absent from a meeting of the board of directors of the Corporation, the directors present may elect from among themselves a person to preside at the meeting.

16( 5) In the case of a temporary absence or inability to act of the Chair or Vice-Chair, the Lieutenant-Governor in Council may appoint from among the directors referred to in paragraph 15(2)(b) a substitute for the Chair or Vice-Chair for the period of the temporary absence or inability to act.

16( 6) Despite subsection (2), if the Chair or Vice-Chair ceases to be a director of the Corporation, he or she ceases to be the Chair or Vice-Chair, as the case may be.

16( 7) Despite subsection (2), but subject to subsection (6), the Chair or Vice-Chair shall remain in that office until he or she resigns or is reappointed or replaced.

16( 8) The resignation of the Chair or Vice-Chair becomes effective at the time a written resignation is received by the Corporation, or at the time specified in the resignation, whichever is later.

Quorum

17 A majority of the directors of the Corporation constitutes a quorum.

Meeting of the board of directors

18( 1) The meetings of the board of directors of the Corporation shall be held in the Province on such notice as is required by the by-laws of the Corporation.

18( 2) A director may in any manner waive notice of a meeting of the board of directors and attendance of a director at a meeting of the board of directors is a waiver of notice of the meeting, except if a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting was not lawfully called.

18( 3) A director may participate in a meeting of the board of directors or of a committee of the board of directors by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other, and a director participating in such a meeting by those means shall be deemed for the purposes of this Act to be present at that meeting.

Resolution in lieu of meeting

19( 1) A resolution in writing signed by all directors of the Corporation entitled to vote on that resolution at a meeting of its board of directors or a committee of its board of directors is as valid as if it had been passed at a meeting of the board or committee duly called, constituted and held.

19( 2) If counterparts of a resolution in writing have been signed by all the directors entitled to vote on that resolution at a meeting of the board of directors or committee of the board of directors, the resolution is as valid as if it had been passed at a meeting of the board or committee duly called, constituted and held.

19( 3) Every signed resolution or counterpart referred to in this section shall be kept with the minutes of the proceedings of the board of directors or committee of the board of directors.

Dissent by directors

20( 1) A director who is present at a meeting of the board of directors of the Corporation or of a committee of the board of directors shall be deemed to have consented to any resolution passed or action taken at the meeting unless

(a) the director requests that his or her dissent be, or his or her dissent is, entered in the minutes of the meeting,

(b) the director sends the director’s written dissent to the secretary of the meeting before the meeting is adjourned, or

(c) the director sends the director’s dissent by registered mail or delivers it to the head office of the Corporation immediately after the meeting is adjourned.

20( 2) A director who votes for or consents to a resolution is not entitled to dissent under subsection (1).

Remuneration

21 The Chair and the Vice-Chair and the other directors of the Corporation shall be paid the remuneration that the Lieutenant-Governor in Council determines, and the payment shall be made out of the funds of the Corporation.

By-laws

22( 1) In addition to any other by-laws authorized or required to be made under this Act and subject to this Act, the Corporation may, with the approval of the Lieutenant-Governor in Council, make by-laws for the control and management of the Corporation’s affairs, including, but not limited to, by-laws

(a) respecting the appointment of officers of the Corporation and prescribing the powers and duties of the President and Chief Executive Officer, any other officers of the Corporation or the Chair or Vice-Chair,

(b) authorizing the board of directors of the Corporation to establish committees of the board of directors, to determine the composition and operation of the committees and to delegate any powers or duties of the board of directors to the committees, and

(c) respecting the holding of meetings of the board of directors or of a committee referred to in paragraph (b) and the procedure at the meetings.

22( 2) The Regulations Act does not apply to by-laws made by the Corporation.

President and Chief Executive Officer

23( 1) The Lieutenant-Governor in Council shall appoint a President and Chief Executive Officer for a term not exceeding five years.

23( 2) The President and Chief Executive Officer shall be appointed from among those persons nominated by the board of directors of the Corporation in accordance with subsection (7).

23( 3) The President and Chief Executive Officer is, subject to the direction of the board of directors of the Corporation, charged with the general direction, supervision and control of the business of the Corporation and may exercise any other powers and duties conferred on him or her by the by-laws of the Corporation or by this Act.

23( 4) The President and Chief Executive Officer shall be paid the remuneration that the Lieutenant-Governor in Council determines, and the payment shall be made out of the funds of the Corporation.

23( 5) In determining the remuneration of the President and Chief Executive Officer, the Lieutenant-Governor in Council shall consider any recommendation made by the board of directors of the Corporation.

23( 6) Before making nominations under this section, the board of directors of the Corporation shall advise the Lieutenant-Governor in Council of the skills and qualification requirements for nominees for the position of President and Chief Executive Officer.

23( 7) In making nominations under this section, the board of directors of the Corporation shall

(a) use a merit-based and objective approach,

(b) ensure that nominees have the necessary skills and qualifications to hold the office of President and Chief Executive Officer,

(c) provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection processes used and the results of those processes, and

(d) comply with any regulations made under paragraph 142(1)(b).

23( 8) A President and Chief Executive Officer may be reappointed for a second or subsequent term of office not exceeding five years, but subsection (2) does not apply to a President and Chief Executive Officer who is reappointed before or immediately after the expiry of his or her previous term.

23( 9) In the case of a temporary absence or inability to act of the President and Chief Executive Officer, the board of directors of the Corporation may, despite anything else in this section, appoint a substitute for him or her for the period of the temporary absence or inability to act.

23( 10) On the recommendation of the board of directors of the Corporation, the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office in accordance with a contract of employment between the Corporation and him or her or in accordance with applicable law.

23( 11) Despite subsection (10), the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office in the circumstances set out in the regulations.

23( 12) If the President and Chief Executive Officer is removed under subsection (10) or (11), the board of directors of the Corporation may, despite anything else in this section, appoint a substitute for him or her to hold office until a new President and Chief Executive Officer is appointed under this section.

23( 13) Despite subsections (1) and (8) and subject to subsections (10) and (11), the President and Chief Executive Officer shall remain in office until he or she resigns or is reappointed or replaced.

23( 14) The resignation of the President and Chief Executive Officer becomes effective at the time a written resignation is received by the Corporation, or at the time specified in the resignation, whichever is later.

Policy regarding staffing

24 The Corporation shall adopt a policy regarding staff requirements and the mode of appointment of its employees.

Duty of care of directors and officers

25( 1) Every director and officer of the Corporation in exercising his or her powers and discharging his or her duties shall

(a) act honestly and in good faith in the best interests of the Corporation, and

(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances in the best interests of the Corporation.

25( 2) Every director and officer of the Corporation shall comply with this Act, the regulations and the by-laws of the Corporation.

25( 3) A director or officer of the Corporation who exercises his or her powers or discharges his or her duties in accordance with this Act, the regulations or the by-laws of the Corporation shall be deemed to act in the best interests of the Corporation.

Immunity

26( 1) No action or other proceeding lies or shall be instituted against a director, officer or employee of the Corporation or of a subsidiary of the Corporation or against a former director, officer or employee of the Corporation, of a subsidiary of the Corporation or of an amalgamating corporation for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Act or the regulations or for any neglect or default in the exercise or performance in good faith of such a power or duty.

26( 2) Subsection (1) does not relieve the Corporation, a subsidiary of the Corporation or an amalgamating corporation of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1).

Indemnification

27( 1) The Corporation may indemnify a director or officer of the Corporation or of a subsidiary of the Corporation against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by the individual in respect of any civil, criminal, administrative, investigative or other proceeding in which the individual is involved because of that association with the Corporation or subsidiary of the Corporation.

27( 2) The Corporation may advance money to an individual referred to in subsection (1) for the costs, charges and expenses of a proceeding referred to in that subsection, and the individual shall repay the money if it is determined by a court or other competent authority that the individual does not fulfil the conditions of subsection (3).

27( 3) The Corporation may not indemnify an individual under subsection (1) unless

(a) the individual acted honestly and in good faith with a view to the best interests of the Corporation or of the subsidiary of the Corporation, as the case may be, and

(b) in the case of a criminal or administrative action or proceeding that is enforced by a financial penalty, the individual had reasonable grounds for believing that the individual’s conduct was lawful.

27( 4) Despite subsection (1), an individual referred to in that subsection is entitled to indemnity from the Corporation in respect of all costs, charges and expenses reasonably incurred by the individual in connection with the defence of any civil, criminal, administrative, investigative or other proceeding to which the individual is subject because of the individual’s association with the Corporation or a subsidiary of the Corporation, if the individual seeking indemnity

(a) was not judged by a court or other competent authority to have committed any fault or to have omitted to do anything that the individual ought to have done, and

(b) fulfils the conditions set out in subsection (3).

27( 5) The Corporation may purchase and maintain insurance for the benefit of an individual referred to in subsection (1) against any liability incurred by the individual as a director or officer of the Corporation or of a subsidiary of the Corporation.

Division C

Powers

Definitions

28 The following definitions apply in this Division.

“compulsory power” includes the taking of any land or other property, or any interest in either, and the entering upon, flooding or overflowing of land, without the consent of the owner. (pouvoir coercitif)

“owner” includes any person holding a right or an interest in, to, over or affecting land or other property. (propriétaire)

“shareholders’ agreement” means (convention d’actionnaires)

(a) if a corporation has more than one shareholder, a written agreement among all the shareholders of that corporation that restricts, in whole or in part, the powers of its directors to manage the business and affairs of the corporation, or

(b) if a corporation has only one shareholder, a written declaration of that shareholder that restricts, in whole or in part, the powers of the corporation’s directors to manage the business and affairs of the corporation.

Expropriation

29( 1) Without limiting the generality of subsection 3(4), the Corporation has the power

(a) to construct, maintain and operate works on any public land, public highway, public street or public place or any watercourse, bridge, viaduct or railway, and with or without the consent of the owner, to flood and overflow any land and do anything it considers necessary for the purpose of providing storage of water or for any other purpose in connection with the works, without complying with any of the requirements of this Act for the taking of land without the consent of the owner,

(b) to put down, carry, construct, erect and maintain any conduits, wires, poles, towers and equipment and other works, used in the generation, transmission and distribution of electricity, that it considers necessary or appropriate, under, along, across or on any public street or highway and to remove or replace them without complying with any of the requirements of this Act for the taking of land without the consent of the owner, and

( i) land, water, water power, water privilege and works, developed, operated, used or adapted for generating electricity, by any means from any source of power, and for transmitting the electricity;

( ii) land on which any water power or water privilege is situated, for the purpose of providing water power;

( iii) land and any watercourse or body of water that the Corporation considers is capable of improvement or development, for the purpose of providing water power;

( iv) land that the Corporation considers necessary for the full enjoyment and exercise of any water power, water privilege or works of the Corporation; or

( v) property and property rights of every description, including riparian rights, that the Corporation considers useful for the purpose of generating, transmitting or distributing electricity or restoring or remediating the physical environment.

29( 2) Despite the powers conferred on the Corporation by this section and subject to subsection (3), if any public land, public highway, public street, public place, bridge, viaduct or railway referred to in paragraph (1)(a) or (b) is under the administration and control of the Minister of Transportation and Infrastructure, the Corporation shall not exercise any of the powers set out in those paragraphs with respect to any works or part of them unless

(a) the Corporation is maintaining, operating, inspecting or repairing existing works or any part of them, and has provided notice to the Minister of Transportation and Infrastructure before doing so, or

(b) in any other case, the Corporation has first made a report of the nature of the proposed works and their possible effect and provided plans of the proposed works or part of them to the Minister of Transportation and Infrastructure, and that Minister has given his or her written consent to the construction, putting down, carrying or erection of the works or part of them.

29( 3) If any public land, public highway, public street, public place, bridge, viaduct or railway referred to in paragraph (1)(a) or (b) is under the administration and control of

(a) the New Brunswick Highway Corporation, any reference in subsection (2) to the Minister of Transportation and Infrastructure shall be read as a reference to the New Brunswick Highway Corporation, and that subsection applies with any other necessary modifications, or

(b) a project company as defined in the New Brunswick Highway Corporation Act, any reference in subsection (2) to the Minister of Transportation and Infrastructure shall be read as a reference to that project company, and that subsection applies with any other necessary modifications.

29( 4) The location of any conduits, wires, poles, towers, equipment or works to be put down, carried, constructed or erected under paragraph (1)(b) shall be agreed on by the Corporation and the municipality or other authority having control of the public street or highway, and, in the case of disagreement, shall be determined by the Lieutenant-Governor in Council.

29( 5) This section is subject to any agreement in effect between the Corporation and the Department of Transportation and Infrastructure, the New Brunswick Highway Corporation or a project company as defined in the New Brunswick Highway Corporation Act.

Expropriation - land

30 If land is proposed to be taken for the use of the Corporation as authorized under paragraph 29(1)(c), the procedure followed shall be that set out in the Expropriation Act.

Expropriation - property other than land

31( 1) If property, other than land, is proposed to be taken for the use of the Corporation as authorized under paragraph 29(1)(c), a notice, which has been signed by the Chair or the President and Chief Executive Officer, shall be served or published in accordance with subsection (6).

31( 2) The notice referred to in subsection (1) shall

(a) describe the property taken and any limitation in the interest taken in the property,

(b) identify the owner of the property, if known, and

31( 3) Subject to subsection (5), the property vests in the Corporation on the expiry of the 30-day period referred to in subsection (6) unless, within that period, the Corporation personally serves the notice referred to in subsection (1) on the owner of the property, in which case the property vests in the Corporation at the time of the service of the notice.

31( 4) Despite subsection (3) and subject to subsection (5), if the Chair or the President and Chief Executive Officer certifies on the notice signed under subsection (1) that the property is being taken as a result of an emergency, the property vests in the Corporation at the time of the certification.

31( 5) If the notice referred to in subsection (1) indicates by appropriate words that the property other than land is taken for a limited time only, or that only a limited estate, right or interest in the property is taken, the right to possession for the limited time, or the limited estate, right or interest, vests in the Corporation at the time determined under subsection (3) or (4), as the case may be.

31( 6) Within 30 days after the signing of the notice under subsection (1), the Corporation shall serve the notice personally on the owner of the property or, in the event that the owner is unknown or cannot be served after reasonable efforts have been made, shall cause the notice to be published once a week for three consecutive weeks, and at least once during the 30 days, in a newspaper having a general circulation in the county in which the property is situated.

31( 7) The vesting of property under this section is not affected by an omission or error in the notice referred to in subsection (1) unless the omission or error is seriously misleading.

Immediate use of property expropriated

32( 1) When property vests in the Corporation under section 31, the Corporation may immediately take possession of and use the property, despite that the amount of compensation has neither been agreed on nor determined.

32( 2) The right to enter, take possession of, use and enjoy land that has been expropriated by the Corporation shall be determined in accordance with the Expropriation Act.

Compensation for expropriation

33( 1) The Corporation shall make to the owner of property acquired by it or injuriously affected by the exercise of any of its compulsory powers conferred by this Act due compensation for the property acquired or for any damage resulting from the exercise of the powers.

33( 2) If the Corporation and the owner cannot agree on the amount of compensation to be paid by the Corporation, the amount shall be determined in accordance with the Expropriation Act.

Easements

34( 1) An easement in favour of the Corporation to use land for the purpose of transmitting or conducting electricity over transmission lines shall be deemed to also include an easement to use the land for the purpose of transmitting or conducting electricity over distribution lines.

34( 2) Subsection (1) applies whether the easement was granted before or after the commencement of this section.

Fees payable

35 Nothing in this Division derogates from any obligation or requirement of the Corporation to pay any fee or charge imposed under any other Act or the regulations under any other Act.

Activities requiring approval of the Lieutenant-Governor in Council

36( 1) The Corporation shall not, without the approval of the Lieutenant-Governor in Council, do any of the following:

(a) borrow sums of money;

(b) issue notes, bonds, debentures or other securities;

(d) designate, by resolution of the Corporation’s board of directors, a project company under subsection 37(1), or enter into an agreement with a project company under subsection 37(4);

(e) enter into partnerships or other similar arrangements for the sharing of profits with any other person;

(f) acquire or hold shares or other ownership interests in another entity;

(g) enter into, terminate or amend a shareholders’ agreement in respect of a subsidiary of the Corporation;

(h) elect the board of directors of a subsidiary of the Corporation;

(i) make, alter or revoke any by-laws of the Corporation; or

(j) guarantee the obligations of any other person.

36( 2) Despite paragraph (1)(f), the Corporation may acquire and hold for cash management purposes shares or other ownership interests issued by another entity as long as the Corporation does not hold more than ten percent of the issued and outstanding voting shares or interests of that other entity.

36( 3) Paragraph (1)(f) does not apply to the holding by the Corporation of shares in the Marketing Corporation.

36( 4) Paragraph (1)(h) does not apply to the election of the board of directors of the Marketing Corporation.

36( 5) Paragraph (1)(j) does not apply to the guaranteeing of any obligation of the Marketing Corporation.

36( 6) Except in the ordinary course of business of the Corporation, the Corporation shall not, as part of a transaction or series of related transactions, purchase, lease or otherwise acquire, or sell, exchange, lease or otherwise dispose of, an asset or assets with a value greater than $50 million without the approval of the Lieutenant-Governor in Council.

36( 7) A subsidiary of the Corporation shall not, without obtaining the approval of the Lieutenant-Governor in Council, carry on any activity that, if carried on by the Corporation directly, would require the approval of the Lieutenant-Governor in Council.

Project companies

37( 1) In this section, “project company” means a corporation formed for the purpose of the refurbishment of existing works or the construction of new works and designated by resolution of the board of directors of the Corporation as a project company under this subsection.

37( 2) A certified copy of any resolution made under subsection (1) shall be published in The Royal Gazette within 30 days after the approval of the resolution by the Lieutenant-Governor in Council, but failure to do so shall not affect the status of a project company.

37( 3) A corporation designated under this section as a project company shall be a project company for all or any purposes of this Act or the regulations, subject to the limitations, terms, conditions and requirements set out in the resolution made under subsection (1).

37( 4) The Corporation may enter into an agreement with a project company for the refurbishment of existing works or the construction of new works.

37( 5) If the Corporation is given any power, authority, right, duty or responsibility under a provision of this Act or of the regulations that relates to the refurbishment of existing works or the construction of new works, that power, authority, right, duty or responsibility may be delegated by the Corporation to a project company in an agreement referred to in subsection (4), and the Corporation may, in the agreement,

(a) establish the terms and conditions under which the project company may exercise the delegated matter,

(b) subject the project company to any limitations, terms, conditions and requirements that are set out in the agreement, and

(c) authorize the project company to subdelegate to others the delegated matter, subject to any limitations, terms, conditions and requirements the project company considers appropriate.

37( 6) Subject to subsection (7), a project company is not an agent of the Crown for any purpose.

37( 7) The Corporation may declare in an agreement referred to in subsection (4) that the project company is acting as an agent of the Crown for, and only for, the purpose or purposes set out in the agreement.

37( 8) Subject to subsection (9), no action or other proceeding lies or shall be instituted against the Corporation or the Crown in respect of any act or omission of a project company or its directors, officers, employees, trustees, partners, proprietors or members.

37( 9) If, in accordance with subsection (7), the Corporation declares in an agreement that a project company is acting as an agent of the Crown for one or more purposes set out in the agreement, subsection (8) does not apply to any act or omission related to any of those purposes that is committed by the project company or one of its directors, officers, employees, trustees, partners, proprietors or members.

37( 10) A project company may assign, sublease or sublicense, as security or for any other purpose, its powers, rights, duties, responsibilities and obligations under an agreement between it and the Corporation, in accordance with the agreement.

37( 11) The revenues, investments and other assets of a project company do not form part of the Consolidated Fund, whether or not the project company has been declared to be an agent of the Crown under subsection (7).

37( 12) Despite the Crown Construction Contracts Act, the Public Purchasing Act and the Procurement Act and the regulations under any of those Acts, those Acts and regulations do not apply to

(a) any contract between the Corporation and a project company,

(b) any contract between a project company and a person other than the Corporation that relates to a contract between the Corporation and the project company, and

(c) the purchase of supplies or services made by or other transactions carried out by a project company in relation to an agreement between the Corporation and the project company.

Dividends

38( 1) The Corporation may declare or pay a dividend unless there are reasonable grounds for believing that

(a) the Corporation is, or would after the payment, be unable to pay its liabilities as they become due, or

(b) the realizable value of the Corporation’s assets would thereby be less than the aggregate of its liabilities.

38( 2) Any dividends payable to the Crown shall be paid to the Minister of Finance.

Division D

Financial Matters and Reporting

Fiscal year

39 The fiscal year of the Corporation ends on March 31 in each year.

Quarterly reports

40 The Corporation shall, within 60 days after each of the three-month periods ending June 30, September 30 and December 31 in each year, submit to the Minister a report, in the form that the Minister directs, on the operations of the Corporation and subsidiaries of the Corporation for the three-month period.

Appointment of auditor

41 The board of directors of the Corporation shall appoint, with the approval of the Lieutenant-Governor in Council, a qualified auditor to audit annually the accounts and financial statements of the Corporation.

Audited financial statements

42 The Corporation shall, within three months after the end of its fiscal year, submit to the Minister the audited financial statements of the Corporation for that fiscal year, and the Minister shall table the financial statements in the Legislative Assembly if it is then sitting or, if it is not then sitting, when it next sits.

Other reports

43 The Corporation shall submit any other reports and information to the Minister that the Minister requests from time to time.

Money raised for the Corporation and guarantees

44( 1) The Lieutenant-Governor in Council may raise, by way of loan in the manner provided by the Provincial Loans Act, such sums as the Lieutenant-Governor in Council considers necessary for the benefit of the Corporation, and the sums so raised may either be advanced to the Corporation or applied by the Minister of Finance in the purchase of notes, bonds, debentures or other securities issued by the Corporation.

44( 2) Subject to subsection (3), all advances made under subsection (1) to the Corporation shall be made on the terms and conditions agreed on between the Corporation and the Minister of Finance.

44( 3) The Corporation shall reimburse the Minister of Finance for all charges and expenses incurred or to be incurred by the Minister of Finance in connection with the creation and issuance of any notes, bonds, debentures or other securities for the purpose of raising the money advanced.

44( 4) The Lieutenant-Governor in Council may guarantee the obligations of the Corporation or any subsidiary of the Corporation on terms and conditions that the Lieutenant-Governor in Council considers appropriate and any such guarantee shall be valid despite subsection 3(3).

44( 5) The Minister of Finance may, on behalf of the Crown, enter into agreements with the Corporation for the purposes of this section.

Sinking fund payment

45( 1) The Corporation shall pay to the Minister of Finance such payments for sinking fund purposes as may be required by the terms of any notes, bonds, debentures or other securities issued by the Corporation, and the funds shall be retained and invested for the account of the Corporation and be used by the Corporation to make payment at the maturity of the notes, bonds, debentures or other securities.

45( 2) Despite anything else contained in this Act,

(a) the Corporation may make other arrangements approved by the Lieutenant-Governor in Council

( i) for sinking fund payments by the Corporation to the Minister of Finance to be applied by the Corporation, before maturity, in repayment of the whole or any part of any securities to be issued by the Corporation, and

( ii) for the application by the Minister of Finance on behalf of the Corporation of the whole or any part of the sinking fund and any interest earnings on the fund to the purchase, and, in the case of securities issued subject to prior redemption in advance of maturity, to the redemption by call of the securities, and

(b) the Minister of Finance shall apply the sinking fund in accordance with an arrangement approved under paragraph (a).

Annual fees

46( 1) The Corporation shall, in accordance with the regulations, pay annually to the Minister of Finance fees in respect of

(a) sums advanced or applied under subsection 44(1), and

(b) guarantees given by the Lieutenant-Governor in Council under subsection 44(4).

46( 2) The fees referred to in subsection (1) apply to sums advanced or applied and to guarantees given before or after the commencement of this section.

Debt obligation

47( 1) A condition contained in a debt obligation of the Corporation or in an instrument for securing a debt obligation of the Corporation is not invalid by reason only that the debt obligation is thereby made irredeemable or redeemable only on the happening of a contingency, however remote, or on the expiration of a period, however long.

47( 2) Debt obligations issued, pledged, hypothecated or deposited by the Corporation are not redeemed by reason only that the indebtedness evidenced by the debt obligations or in respect of which the debt obligations are issued, pledged, hypothecated or deposited is repaid.

47( 3) Debt obligations issued by the Corporation and purchased, redeemed or otherwise acquired by it may be cancelled or, subject to any applicable trust indenture or other agreement, may be reissued, pledged or hypothecated to secure any obligation of the Corporation then existing or after that time incurred, and any such acquisition and reissue, pledge or hypothecation is not a cancellation of the debt obligations.

Division E

General

Absence of corporate seal

48 An instrument or agreement executed on behalf of the Corporation by a director, an officer or an agent of the Corporation is not invalid merely because a corporate seal is not affixed to the instrument or agreement.

Shareholder meetings

49( 1) A resolution in writing signed by all the shareholders of the Corporation entitled to vote on that resolution at a meeting of shareholders is as valid as if it had been passed at a meeting of shareholders duly called, constituted and held.

49( 2) If counterparts of a resolution in writing have been signed by all the shareholders entitled to vote on that resolution at a meeting of shareholders, the resolution is as valid as if it had been passed at a meeting of shareholders duly called, constituted and held.

49( 3) Every signed resolution or counterpart referred to in this section shall be kept with the minutes of the proceedings of the shareholders’ meetings.

49( 4) A shareholder or any other person entitled to attend a meeting of shareholders may participate in the meeting by means of telephone or other communication facilities that permit all persons participating in the meeting to hear each other, and a person participating in such a meeting by those means shall be deemed for the purposes of this Act to be present at the meeting.

Limitations

50( 1) If possession of land vested in the Corporation has been taken by another person, the right of the Corporation, or anyone claiming under the Corporation, to recover the land is not barred by reason of lapse of time, despite any other Act, or by reason of any claim based on possession adverse to the Corporation for any period of time that might otherwise be made lawfully at common law, unless it is shown that the Corporation, or a person from whom or through whom the Corporation has obtained possession of, or derives the right of possession of, the land, had actual notice in writing of the adverse possession, and the notice was received by the Corporation or that person 20 years before the Corporation or anyone claiming under the Corporation commenced an action to recover the land.

50( 2) No claim under subsection (1) shall be acquired by possession, prescription, custom, use or implied grant to any way, easement, watercourse or use of water or water right or privilege of the Corporation, or to any way, easement, watercourse, or use of water, or right of drainage along, over, on or from any land, or water, or water right, or privilege of the Corporation, despite any other Act or any claim at common law based on lapse of time or length of enjoyment or use.

PART 3

NEW BRUNSWICK ENERGY MARKETING CORPORATION

New Brunswick Energy Marketing Corporation

51( 1) The New Brunswick Power Generation Corporation, incorporated under the Business Corporations Act on February 5, 2004, shall, on the date of the commencement of this section, file articles of amendment under the Business Corporations Act changing its name to the New Brunswick Energy Marketing Corporation.

51( 2) Despite any provision of the Business Corporations Act, on submission of the articles of amendment the Director shall accept the articles of amendment, and, on the date of commencement of this section, issue a certificate of amendment under the Business Corporations Act changing the name of the New Brunswick Power Generation Corporation to the New Brunswick Energy Marketing Corporation.

51( 3) A certificate of amendment referred to in subsection (2) shall be deemed to be effective immediately on the expiration of the day previous to its issuance and the articles shall be amended accordingly.

51( 4) Without derogating from any powers or capacity of the New Brunswick Energy Marketing Corporation under the Business Corporations Act, the New Brunswick Energy Marketing Corporation has a mandate to carry out the business of importing and exporting energy.

Crown agent

52 The Marketing Corporation is a Crown corporation and is, for all purposes, an agent of the Crown.

Transfer and vesting

53( 1) Subject to subsections (2) and (3), on the commencement of this section,

(a) the property of the Marketing Corporation is transferred to and becomes vested in the Corporation, and

(b) the claims, rights, liabilities, obligations and privileges of the Marketing Corporation are transferred to and become vested in the Corporation.

53( 2) Paragraph (1)(a) does not apply to any property or any class of property prescribed by order of the Lieutenant-Governor in Council made within 30 days after the commencement of this section.

53( 3) Paragraph (1)(b) does not apply to any claims, rights, liabilities, obligations and privileges or class of them prescribed by order of the Lieutenant-Governor in Council made within 30 days after the commencement of this section.

53( 4) An order made under subsection (2) or (3) shall be retroactive to the date of the commencement of this section.

53( 5) The Regulations Act does not apply to an order made under subsection (2) or (3).

53( 6) The Minister shall, within 90 days after an order is made under subsection (2) or (3), publish the order in The Royal Gazette.

53( 7) Failure to comply with subsection (6) does not affect the validity of an order made under subsection (2) or (3).

Effect of transfer and vesting

54 On the commencement of section 53,

(a) subject to paragraph (b), an existing cause of action, claim or liability to prosecution is unaffected,

(b) a civil, criminal or administrative action or proceeding pending by or against the Marketing Corporation under its former name of New Brunswick Power Generation Corporation may only be continued to be prosecuted by or against the Corporation except in relation to claims, rights, liabilities, obligations and privileges or classes of them referred to in subsection 53(3),

(c) a conviction against, or ruling, order or judgment in favour of or against the Marketing Corporation under its former name of New Brunswick Power Generation Corporation may only be enforced by or against the Corporation except in relation to claims, rights, liabilities, obligations and privileges or classes of them referred to in subsection 53(3), and

(d) in any document dealing with property transferred to and vested in the Corporation under paragraph 53(1)(a) or a claim, right, liability, obligation or privilege transferred to and vested in the Corporation under paragraph 53(1)(b), it is sufficient to cite this Act as effecting the transfer to and vesting in the Corporation of the property, claim, right, liability, obligation or privilege.

Transfer and vesting effective

55 The transfer and vesting effected under subsection 53(1) takes effect despite

(a) any public or private Act or any rule of law, including an Act or rule of law that requires notice or registration of a transfer of property, or

(b) the absence of any consent or approval that is or may be required for all or any part of the transfer and vesting.

Real property

56( 1) The following definitions apply in this section.

“approved parcel identifier” means an approved parcel identifier as defined in the Land Titles Act. (numéro d’identification approuvé)

“Chief Registar of Deeds” means the Chief Registrar of Deeds appointed under the Registry Act. (conservateur en chef des titres de propriété)

“instrument record” means instrument record as defined in the Land Titles Act. (registre des instruments)

“land titles office” means a land titles office as defined in the Land Titles Act. (bureau d’enregistrement foncier)

“register” (enregistrer)

(a) in paragraph (5)(a), means register as defined in the Land Titles Act, and

(b) in paragraph (5)(b), means register within the meaning of the Registry Act.

“registered land” means registered land as defined in the Land Titles Act (bien-fonds enregistré) .

“registrar” (registrateur)

(a) in paragraph (5)(a), means registrar as defined in the Land Titles Act, and

(b) in paragraph (5)(b), means registrar as defined in the Registry Act.

“Registrar General” means the Registrar General as defined in the Land Titles Act. (registrateur général)

56( 2) Without delay after the commencement of section 53, the Corporation shall file a notice in a land titles office for the District of New Brunswick and in the registry office established under the Registry Act for each county in the Province that indicates

(a) that the transfer and vesting effected under subsection 53(1) has taken place, and

(b) that all title and interests in real property transferred to and vested in the Corporation under subsection 53(1) are now held in the name of the Corporation.

56( 3) The notice referred to in subsection (2) shall be deemed to be an instrument for the purposes of the Land Titles Act and the Registry Act.

56( 4) The notice referred to in subsection (2) shall be in a form acceptable to the Registrar General and the Chief Registrar of Deeds.

56( 5) On receipt of the notice referred to in subsection (2),

(a) the registrar shall, despite section 18 of the Land Titles Act and despite any failure of the Corporation to comply with any provision of the Land Titles Act or any regulation under that Act,

( i) identify all the approved parcel identifiers associated with registered land

( A) that is transferred to and vested in the Corporation under subsection 53(1), or

( B) in respect of which a registered leasehold interest is transferred to and vested in the Corporation under subsection 53(1),

( ii) assign a registration number, date and time to the notice and enter a record of the notice, date, time and number in the instrument record,

( iii) enter a record of the acceptance of the notice for registration in the instrument record,

( iv) register the notice in respect of the registered land represented by the approved parcel identifiers referred to in subparagraph (i), and

( v) issue new certificates of registered ownership to the Corporation in respect of

( A) all registered land that is transferred to and vested in the Corporation under subsection 53(1), and

( B) all registered land in respect of which a registered leasehold interest is transferred to and vested in the Corporation under subsection 53(1), and

56( 6) Section 55 of the Land Titles Act and section 44 of the Registry Act do not apply to the registration of the notice referred to in subsection (2).

56( 7) No claim shall be made and no action or other proceeding lies or shall be instituted against the Marketing Corporation, the Minister, the Crown or the Corporation by reason of any prejudice suffered as a result of any delay in filing a notice under subsection (2).

Transfer of employees

57( 1) On the commencement of this section, an employee of the Marketing Corporation is transferred to and becomes an employee of the Corporation.

57( 2) An employee referred to in subsection (1) shall be deemed to have been transferred to the Corporation without interruption in service, and the rights, duties and obligations of the employer and employee continue accordingly, with any modifications that are necessary.

57( 3) An employee who is transferred under subsection (1) shall be deemed not to have been dismissed, constructively dismissed or laid-off.

57( 4) If an employee is transferred under subsection (1), nothing in this Act

(a) prevents the employment from being lawfully terminated after the transfer, or

(b) prevents any term or condition of the employment from being lawfully changed after the transfer.

57( 5) Service of an employee referred to in subsection (1) with the Marketing Corporation under its former name of New Brunswick Power Generation Corporation or with any of its predecessors is deemed to be service with the Corporation for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act, at common law or under any applicable contract of employment or collective agreement.

Deemed certification of bargaining agent

58( 1) On the commencement of this section, Local 37 of the International Brotherhood of Electrical Workers shall be deemed to have been certified by the Labour and Employment Board, pursuant to the Public Service Labour Relations Act, as the bargaining agent of each of the bargaining units of the employees transferred under subsection 57(1) who are included in a bargaining unit, and that bargaining agent has the same rights, duties and obligations that existed before the transfer.

58( 2) Subsection (1) ceases to have effect on the date of the issuance of the certification order or orders under paragraph 60(2)(c) by the Labour and Employment Board.

Deemed application of collective agreement

59( 1) Any collective agreement that is applicable to the New Brunswick Power Generation Corporation and any of its employees and to Local 37 of the International Brotherhood of Electrical Workers immediately before the commencement of this section shall be deemed to apply as if entered into directly between the Corporation and Local 37 of the International Brotherhood of Electrical Workers, and the rights, duties and obligations of the employer, the bargaining agent and the employees continue accordingly, with any modifications that are necessary.

59( 2) Subsection (1) ceases to have effect on the date of the making of a declaration by the Labour and Employment Board under paragraph 60(2)(d).

Hearing before the Labour and Employment Board

60( 1) Within 30 days after the commencement of this section, Local 37 of the International Brotherhood of Electrical Workers and the Corporation, or either of them, shall give written notice to the Labour and Employment Board of the date of the transfer of the employees referred to in subsection 57(1).

60( 2) Despite that Local 37 of the International Brotherhood of Electrical Workers has been deemed under subsection 58(1) to be certified as the bargaining agent for the bargaining units of the transferred employees referred to in subsection 57(1) who are included in a bargaining unit, the Labour and Employment Board shall

(a) within 120 days after the commencement of this section, commence a hearing under the Public Service Labour Relations Act,

(b) identify the appropriate bargaining units for the employees of the Corporation who are covered by the deeming provision under subsection 58(1),

(d) declare that the collective agreements entered into by the New Brunswick Power Generation Corporation are and continue to be binding on the Corporation as if entered into directly between it and Local 37 of the International Brotherhood of Electrical Workers with the rights, duties and obligations of the employer, the bargaining agent and the employees continuing under the collective agreement to the extent determined by the Labour and Employment Board.

60( 3) A hearing referred to in paragraph (2)(a) and a hearing referred to in paragraph 10(2)(a) may be held at the same time or separately, as determined by the Labour and Employment Board.

60( 4) The Labour and Employment Board possesses all the powers and jurisdiction necessary to give effect to this section.

Certain rights not affected

61 The transfer and vesting effected under subsection 53(1) or the transfer of employees under subsection 57(1)

(a) shall be deemed not to constitute

( i) a breach, termination, repudiation or frustration of any contract, including a contract of employment or insurance,

( ii) a breach of any Act, regulation or municipal or rural community by-law, or

( iii) an event of default or force majeure under any contract,

(b) shall be deemed not to give rise to a breach, termination, repudiation or frustration of any licence, permit or other right,

(c) shall be deemed not to give rise to any right to terminate or repudiate a contract, licence, permit or other right, and

(d) shall be deemed not to give rise to any estoppel.

Proceedings barred

62( 1) No action or other proceeding lies or shall be instituted against the Minister, the Crown, the Corporation or the Marketing Corporation, or any employee or agent of any of them, as a direct or indirect result of the transfer and vesting effected under subsection 53(1) or any regulations, orders-in-council, directives, orders or decisions made under the authority of this Act in relation to the transfer and vesting effected under subsection 53(1).

62( 2) Nothing in this Act creates a cause of action in favour of

(a) a holder of a security that was issued by the Marketing Corporation, under its former name of New Brunswick Power Generation Corporation, or by any of its predecessors, or

(b) a party to a contract with the Marketing Corporation, under its former name of New Brunswick Power Generation Corporation, or with any of its predecessors that was entered into before the commencement of this section.

Liability of Crown

63( 1) The liability of the Crown as guarantor of a security or other liability of the Marketing Corporation or any of its predecessors pursuant to a written guarantee given by the Crown before the commencement of this section is not affected by anything in this Act.

63( 2) The liability of the Crown as principal of the Marketing Corporation or any of its predecessors with respect to liabilities and obligations entered into by it or any of its predecessors on behalf of the Crown before the commencement of this section is not affected by anything in this Act.

Exemptions from other Acts

64 Parts V and VI of the Harmonized Sales Tax Act and any other Acts or provisions of Acts that are prescribed by the regulations do not apply to the transfer to the Corporation and vesting in the Corporation of property, claims, rights, liabilities, obligations and privileges under subsection 53(1) or to the transfer of employees under subsection 57(1).

Board of directors of the Marketing Corporation

65( 1) The following definitions apply in this section.

“common-law partner” means a person who cohabits in a conjugal relationship with another person if the persons are not married to each other. (conjoint de fait)

“immediate family member” means the spouse, common-law partner, parent, child, grandparent, grandchild, brother or sister of a person, including the corresponding in-laws and step-relations of the person. (membre de la famille immédiate)

“independent director” means a member of the board of directors of the Marketing Corporation who has no direct or indirect material relationship with the Marketing Corporation or the Corporation. (administrateur indépendant)

“material relationship” means, subject to subsection (3), a relationship which could, in the view of the board of directors of the Marketing Corporation, be reasonably expected to interfere with the exercise of the independent judgment of a member of that board of directors. (relation importante)

65( 2) The board of directors of the Marketing Corporation shall be composed of the President and Chief Executive Officer, who shall serve as its chair, and not more than two other directors, at least one of whom shall be an independent director.

65( 3) For the purposes of this section, the following individuals shall be considered to have a material relationship with the Marketing Corporation or the Corporation:

(a) an individual who is, or has been within the last three years, an employee or officer of the Marketing Corporation or of the Corporation or a director of the Corporation;

(b) an individual whose immediate family member is, or has been within the last three years, an officer of the Marketing Corporation or of the Corporation or a director of the Corporation;

(c) an individual who accepts, directly or indirectly, any consulting, advisory or other compensatory fee from the Corporation or a subsidiary of the Corporation, other than as remuneration for acting in his or her capacity as a member of the board of directors of the Marketing Corporation or as a member of any committee of, or as chair or vice-chair of, the board of directors of the Marketing Corporation.

65( 4) For the purposes of paragraph (3)(c), a compensatory fee does not include the receipt of fixed amounts of compensation under a retirement plan, including deferred compensation, for prior service with the Corporation or any subsidiary of the Corporation if the compensation is not contingent in any way on continued service.

Financial risk management policies

66( 1) The Marketing Corporation is subject to the financial risk management policies established by the Corporation and approved by the Board.

66( 2) A transaction entered into by the Marketing Corporation that is in compliance with the financial risk management policies approved by the Board shall be deemed to be prudent and reasonable.

Further change of name

67 If the Marketing Corporation changes its name by articles of amendment under the Business Corporations Act,

(a) any reference in this Act or the regulations to the Marketing Corporation or the New Brunswick Energy Marketing Corporation shall be read as a reference to that corporation by its name as changed pursuant to the articles of amendment, and

(b) any reference in any other Act or any regulation under any other Act to the New Brunswick Energy Marketing Corporation shall be read as a reference to that corporation by its name as changed pursuant to the articles of amendment.

PART 4

GOVERNMENT POLICY

Electricity policy of the government

68 It is declared to be the policy of the Government of New Brunswick

(a) that the rates charged by the Corporation for sales of electricity within the Province

( i) should be established on the basis of annually forecasted costs for the supply, transmission and distribution of the electricity, and

( ii) should provide sufficient revenue to the Corporation to permit it to earn a just and reasonable return, in the context of the Corporation’s objective to earn sufficient income to achieve a capital structure of at least 20% equity,

(b) that all the Corporation’s sources and facilities for the supply, transmission and distribution of electricity within the Province should be managed and operated in a manner that is consistent with reliable, safe and economically sustainable service and that will

( i) result in the most efficient supply, transmission and distribution of electricity,

( ii) result in consumers in the Province having equitable access to a secure supply of electricity, and

( iii) result in the lowest cost of service to consumers in the Province, and

(c) that, consistent with the policy objectives set out in paragraphs (a) and (b) and to the extent practicable, rates charged by the Corporation for sales of electricity within the Province shall be maintained as low as possible and changes in rates shall be stable and predictable from year to year.

Directives by the Executive Council

69 The Executive Council may at any time issue directives in writing to the Corporation that must be taken into consideration by the board of directors of the Corporation.

Policies of the Lieutenant-Governor in Council

70( 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 on it under this Act or the regulations.

70( 2) Subsection (1) shall be deemed not to authorize any regulation directed specifically to any matter or application before the Board.

PART 5

ELECTRICITY SECTOR

Division A

Reliability of the Integrated Electricity System

Integrated electricity system

71 In operating or directing the operation of the integrated electricity system, the Corporation

(a) shall enter into agreements with other transmitters giving the Corporation the authority to direct the operation of their transmission systems,

(b) shall maintain the adequacy and reliability of the integrated electricity system,

(d) may work with responsible authorities outside the Province to coordinate the Corporation’s activities with their activities,

(e) may participate with any standards body in the development of standards and criteria relating to the reliability of transmission systems, and

(f) shall undertake planning to maintain and ensure the adequacy and reliability of the integrated electricity system for present and future needs.

Division B

Electricity Sales

Electricity sales

72( 1) Subject to this section, no person, other than the Corporation, shall sell or supply electricity to a consumer or municipal distribution utility within the Province.

72( 2) A municipal distribution utility may sell electricity to a consumer within the territorial limits in which that municipal distribution utility is entitled to extend its distribution of electricity under section 88.

72( 3) A municipal distribution utility that, on April 1, 2013, was a purchaser under a contract to purchase electricity from a person other than the Corporation may continue to purchase electricity from that person under the contract and subsequent contracts for so long as that contractual relationship continues uninterrupted.

72( 4) Subsection (3) applies, with any necessary modifications, with regard to any successor or assign of the person from whom the municipal distribution utility was a purchaser of electricity on April 1, 2013.

72( 5) For the purposes of subsection (3), an instant of time between the end of the term of a contract and the beginning of the term of a subsequent contract does not constitute an interruption in the contractual relationship.

72( 6) Nothing in this section prevents a municipal distribution utility from purchasing electricity if

(a) the electricity is generated within the territorial limits in which that municipal distribution utility is entitled to extend its distribution of electricity under section 88, and

(b) the electricity is purchased in accordance with that municipal distribution utility’s policy regarding distributed generation or its policy regarding net metering.

Division C

Electricity Business Rules

Use of integrated electricity system

73 Except in accordance with the approved transmission tariff and the electricity business rules, no person shall convey, or cause to conveyed, electricity or provide, or cause to be provided, ancillary services into, through or out of the integrated electricity system.

Electricity business rules

74( 1) To the extent that they are not in conflict with the provisions of the approved transmission tariff, the Corporation may establish electricity business rules

(a) governing the integrated electricity system, and

(b) governing the relationships among the Corporation, other transmitters and users of the integrated electricity system within the context of the operation of the integrated electricity system and in respect of the administration of the approved transmission tariff.

74( 2) Without limiting the generality of subsection (1), the electricity business rules may include provisions

(a) governing the making and publication of the electricity business rules,

(b) governing the manner in which terms and conditions of the approved transmission tariff apply,

(c) governing the disbursement of revenues collected and the sharing of expenses incurred in accordance with the approved transmission tariff,

(d) governing the provision of ancillary services by suppliers,

(e) facilitating the reliable operation of the integrated electricity system on a non-discriminatory basis, including, without limitation, with respect to transmission and generation outage planning, integrated electricity system planning, facility connection and facility operations,

(f) governing standards and procedures to be observed in emergencies,

(g) establishing minimum requirements for publication of integrated electricity system information, and

(h) authorizing and governing the giving of directions and the making of orders or decisions by the Corporation for the purpose of maintaining the reliability of the integrated electricity system.

74( 3) An electricity business rule may be general or particular in its application.

74( 4) The Regulations Act does not apply to the electricity business rules or to any directions given or orders or decisions made under those rules.

74( 5) The Corporation shall publish the electricity business rules in accordance with those rules and shall make the electricity business rules available for public inspection during normal business hours at the head office of the Corporation.

74( 6) Despite subsections (1) and (5), until a date prescribed by regulation,

(a) the Minister, instead of the Corporation, may make the electricity business rules referred to in subsection (1),

(b) the Minister, instead of the Corporation, shall publish or cause to be published the electricity business rules, and

74( 7) After the date prescribed by regulation for the purposes of subsection (6), the electricity business rules made by the Minister under paragraph (6)(a) continue in force until amended or replaced by the Corporation.

Waiver from electricity business rules

75( 1) A person may apply to the Corporation for a waiver from the application of any provision of the electricity business rules.

75( 2) The Corporation shall publish notice of the application and deal with the application in accordance with the electricity business rules.

75( 3) The Corporation may grant a waiver applied for in whole or in part and may impose any terms and conditions on the waiver that the Corporation considers appropriate in the circumstances.

Amendments to electricity business rules

76( 1) The Corporation shall, in accordance with the electricity business rules, publish any amendment to them at least 30 days before the amendment comes into force.

76( 2) On application by any person, the Board shall review any amendment to the electricity business rules.

76( 3) An application under this section shall be filed within 30 days after the amendment is published under subsection (1).

76( 4) The Board may, on its own motion, review any amendment to the electricity business rules.

76( 5) An application under this section or a review initiated by the Board under this section does not stay the operation of the amendment pending the completion of the review by the Board unless the Board orders otherwise.

76( 6) In determining whether to stay the operation of an amendment, the Board shall consider

(a) the public interest,

(b) the merits of the application,

(d) the balance of convenience.

76( 7) If, on completion of its review, the Board finds that the amendment is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons, the Board shall make an order

(a) revoking the amendment on a date specified by the Board, and

(b) referring the amendment back to the Corporation for further consideration.

Urgent amendments

77( 1) Section 76 does not apply if the Corporation files a statement with the Board indicating that, in its opinion, an amendment to the electricity business rules is urgently required for one or more of the following reasons:

(a) to avoid, reduce the risk of or mitigate the effects of conditions that affect the ability of the integrated electricity system to function normally;

(b) the electricity business rules conflict with this Act or the approved transmission tariff;

77( 2) The Corporation shall publish the amendment in accordance with the electricity business rules at the same time as, or as soon as reasonably possible after, the statement referred to in subsection (1) is filed.

77( 3) On application by any person, the Board shall review the amendment.

77( 4) An application under this section shall be filed within 30 days after the amendment is published under subsection (2).

77( 5) The Board may, on its own motion, review the amendment.

77( 6) An application under this section or a review initiated by the Board under this section does not stay the operation of the amendment pending the completion of the review unless the Board orders otherwise.

77( 7) If, on completion of its review, the Board finds that the amendment is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons, the Board

(a) shall make an order referring the amendment back to the Corporation for further consideration, and

(b) may make an order revoking the amendment on a date specified by the Board.

Other review of electricity business rules

78( 1) On application by any person or on its own motion, the Board may review any provision of the electricity business rules.

78( 2) Subsection (1) does not apply to a provision of the electricity business rules that was reviewed by the Board under section 76 or 77 within 24 months before the application.

78( 3) An application shall not be made under this section by a user of the integrated electricity system unless that user has followed the procedures under the electricity business rules relating to the review of those rules.

78( 4) An application under this section or a review initiated by the Board under this section does not stay the operation of the provision pending the completion of the review.

78( 5) If, on completion of its review, the Board finds that the provision is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons, the Board shall make an order directing the Corporation to amend the electricity business rules in a manner and within the time period specified by the Board.

78( 6) The Corporation shall, in accordance with the electricity business rules, publish any amendment made pursuant to an order under subsection (5).

78( 7) Sections 76 and 77 do not apply to an amendment made pursuant to an order under subsection (5).

Appeal from orders or decisions of Corporation

79( 1) A person who is subject to an order or decision made by the Corporation under the electricity business rules may appeal the order or decision to the Board if the order or decision is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons.

79( 2) A person who is adversely affected by the granting of a waiver by the Corporation under section 75, who objects to any term or condition of the waiver or who, having applied for a waiver, is refused the waiver, whether in whole or in part, may appeal the decision of the Corporation to the Board if the granting of the waiver, the term or condition of the waiver or the refusal to grant the waiver is inconsistent with the provisions of this Act, conflicts with the approved transmission tariff or unjustly discriminates against or in favour of a person or group of persons.

79( 3) An appeal shall not be commenced under subsection (1) or (2) unless the person appealing has followed the dispute resolution procedures under the electricity business rules or the approved transmission tariff, as the case may be.

79( 4) An appeal shall be filed within 21 days after the date of the making of the order or decision.

79( 5) An appeal does not stay the operation of an order or decision pending the determination of the appeal unless the Board orders otherwise.

79( 6) In determining whether to stay the operation of an order or decision, the Board shall consider

(a) the public interest,

(b) the merits of the appeal,

(d) the balance of convenience.

79( 7) After considering the appeal, the Board may

(a) dismiss the appeal,

(b) revoke or amend the order or decision appealed from, or

Information protected

80 A person appointed under the electricity business rules for the purpose of resolving or attempting to resolve a dispute between or among the Corporation, other transmitters and users of the integrated electricity system shall not be required in any civil proceeding to give testimony with respect to information obtained in the course of resolving or attempting to resolve the dispute.

Division D

Transmitters

Limitation on transmission

81 No person, other than a transmitter, shall own or operate a transmission system within the Province.

No new transmission facilities

82( 1) No person, other than the Corporation, shall construct any new facilities used to provide transmission service in the Province.

82( 2) Nothing in this section shall be interpreted to prevent any transmitter from repairing, replacing or upgrading any of its existing transmission facilities.

82( 3) No action or other proceeding lies or shall be instituted against the Crown, the Minister or the Corporation based on any cause of action arising out of the application of this section.

Obligation to provide transmission service

83 The Corporation shall, in accordance with the approved transmission tariff, expand or modify its transmission system in order to accommodate a request for transmission service.

Business arrangements

84 Despite section 81, the Corporation may, with the approval of the Lieutenant-Governor in Council, enter into partnerships, joint ventures or similar arrangements with any other person for the development of the Corporation’s transmission system or any part of it.

Non-discriminatory access to transmission system

85 Each transmitter shall provide users of the integrated electricity system with open and non-discriminatory access to its transmission system in accordance with the electricity business rules and the approved transmission tariff.

Duties of transmitters other than the Corporation

86 A transmitter, other than the Corporation, shall not connect its transmission system to the transmission system of the Corporation and shall not recover its revenue requirements under the approved transmission tariff unless the transmitter

(a) provides any transmission system operating information to the Corporation that the Corporation requests,

(b) enters into an agreement with the Corporation under which it agrees to operate its transmission system under the direction of the Corporation, and

(c) complies with procedures established by the Corporation, and directions given and orders made by the Corporation, to ensure the adequacy and reliability of the transmitter’s transmission system.

Division E

Distribution Electric Utilities

Limitation on distribution

87 No person, other than a distribution electric utility, shall own or operate a distribution system within the Province.

Municipal distribution utilities

88( 1) The Power Commission of The City of Saint John shall not extend its distribution of electricity to any area beyond the territorial limits of The City of Saint John as described in subsection 7(2) of New Brunswick Regulation 85-6 under the Municipalities Act as that subsection existed on the commencement of this section.

88( 2) The city of Edmundston shall not extend its distribution of electricity to any area beyond

(a) the territorial limits described in subsection 32(2) of the Edmundston Act, 1998, as that subsection existed on the commencement of this section, and

(b) the territorial limits of St Basile 10 (an Indian reserve under the Indian Act (Canada)).

88( 3) The Perth-Andover Electric Light Commission shall not extend its distribution of electricity to any area beyond the territorial limits of the Village of Perth-Andover as described in subsection 83(2) of New Brunswick Regulation 85-6 under the Municipalities Act as that subsection existed on the commencement of this section.

Filing of distribution rates

89 A municipal distribution utility shall file its rates with the Board within 30 days after any change in its rates.

Allocation in emergencies

90( 1) If the supply of electricity to a distribution electric utility is interrupted or reduced as a result of an emergency, supply shortage or a breakdown or repair of a transmission or distribution system, the distribution electric utility may allocate the available electricity among its customers.

90( 2) An allocation of electricity under subsection (1) shall be deemed not to be a breach of any contract.

Obligation to extend electric service

91( 1) Subject to section 88, a distribution electric utility shall extend its supply of electric service to any person without such service, if it appears to the utility that after service has been extended there will be a reasonable return to it on the capital invested in the whole undertaking of the utility.

91( 2) A reasonable rate of return shall, in respect of a municipal distribution utility, be interpreted in accordance with requirements established under the Municipalities Act.

Termination of service

92 If any person supplied with electricity by a distribution electric utility fails to pay the amount due for the electricity within the period of one month after the amount becomes due, the distribution electric utility may stop the supply of electricity from entering the premises of the person by cutting off the supply wire or by any other means that it thinks fit and may, despite any contract to furnish for a longer period, recover the amount due from the person up to that time, together with the expense of cutting off the electricity, in any court of competent jurisdiction.

Limitation on liability

93 Any contract for the supply of electricity by a distribution electric utility shall be deemed to provide that the distribution electric utility shall not be liable for damages in respect of any abnormality, delay, interruption or other partial or complete failure in the supplying of the electricity when the damages are caused by circumstances that are beyond the ability of the distribution electric utility to control by reasonable and practicable effort.

Division F

Access and Property Rights

Power of entry

94( 1) Subject to subsections (2) and (3), the Corporation or any other distribution electric utility or transmitter may, by its engineers, agents or employees, enter the land or premises of any person and, without the consent of the owner,

(a) read any of its meters or construct, install, maintain, inspect, repair or remove any of its meters, equipment, installations or other works,

(b) survey and take levels of the land or premises and run lines or make the borings, tests and sink the trial or test pits or holes it considers necessary for the purpose of using, constructing, maintaining, safeguarding or repairing its works,

(c) cut down, trim or delimb any trees that might, in its opinion, in falling or in any other manner, endanger its conductors, wires, equipment or other works or that may obstruct the running of survey lines, or

(d) make and use all temporary roads and related structures that are required by it for the convenient passing to and from its survey lines and works.

94( 2) Subject to subsection (3), the Corporation or another distribution electric utility or transmitter shall not exercise any of the powers set out in subsection (1) with respect to any works or part of them situated on any public land, public highway, public street, public place, bridge, viaduct or railway that is under the administration and control of the Minister of Transportation and Infrastructure unless

(a) the Corporation, distribution electric utility or transmitter proposes to construct or install the works or any part of them and has first made a report of the nature of the proposed works and their possible effect and provided plans of the proposed works or part of them to the Minister of Transportation and Infrastructure, and that Minister has given his or her written consent to the construction or installation of the works or part of them,

(b) the Corporation, distribution electric utility or transmitter proposes to remove the works or any part of them and has first made a report to the Minister of Transportation and Infrastructure of the nature of the proposed removal and its possible effect, and that Minister has given his or her written consent to the removal of the works or part of them, or

(c) in any other case, the Corporation, distribution electric utility or transmitter has provided notice to the Minister of Transportation and Infrastructure before exercising the powers.

94( 3) If any public land, public highway, public street, public place, bridge, viaduct or railway referred to in subsection (2) is under the administration and control of

94( 4) Despite any other provision of this Act or any provision of any other Act, no claim shall be made against the Corporation or another distribution electric utility or transmitter for damage to crops, shrubs, trees or other growing things or to land caused by or incidental to clearing rights-of-way for distribution or transmission lines or to the construction, maintenance, inspection, repair or removal of conductors, wires or works unless notice of the claim is given to the Corporation, distribution electric utility or transmitter, as the case may be, in writing signed by the claimant not later than 60 days after the day on which the act or omission on which the claim is based occurred.

94( 5) If a claim is made after the time limited under subsection (4), the Corporation, distribution electric utility or transmitter, if satisfied that it has not been prejudiced by the delay, may waive the provisions of subsection (4) as to notice.

94( 6) This section is subject to any agreement in effect between the Corporation or another distribution electric utility or transmitter, as the case may be, and the Department of Transportation and Infrastructure, the New Brunswick Highway Corporation or a project company as defined in the New Brunswick Highway Corporation Act.

Application to Court

95( 1) If resistance or opposition is made by any person to the Corporation or another distribution electric utility or transmitter entering land and taking possession of or using or enjoying any property when the Corporation, distribution electric utility or transmitter is entitled to do so, or exercising any of its powers under the authority of this Act with respect to any property, the Corporation, distribution electric utility or transmitter may apply to the Court for an order that the necessary steps be taken to put the Corporation, distribution electric utility or transmitter, or a person acting on its behalf, in possession of the property or that any other acts or things be done that are necessary to enable it to exercise its powers with respect to the property.

95( 2) Following the hearing of the application, the Court may issue the order applied for or make any other decision it considers appropriate.

Underground cables

96( 1) If an easement that permits or provides for the right to lay or maintain underground cables or conduits is recorded or registered in the appropriate land registration office by way of expropriation proceedings or recorded or registered agreements or otherwise, no person has any right of action or shall seek to enforce any claim against the Corporation or another distribution electric utility or transmitter for damages suffered, resulting directly or indirectly from any underground cable or conduit maintained in accordance with the terms of the easement, whether by reason of interference by anyone with the cable or conduit or otherwise.

96( 2) Any person damaging or interfering with a cable or conduit described in subsection (1) is liable to the Corporation, distribution electric utility or transmitter for damages or loss suffered by it by reason of the damage or interference.

96( 3) Subsection (2) is subject to any agreement in effect between the Corporation or another distribution electric utility or transmitter, as the case may be, and the Department of Transportation and Infrastructure, the New Brunswick Highway Corporation or a project company as defined in the New Brunswick Highway Corporation Act.

Works affixed to real property

97 Despite any other provision of this Act, any provision of any other Act or any rule of law, if the works of the Corporation or another distribution electric utility or transmitter have been affixed to real property, the works remain subject to the rights of the Corporation, distribution electric utility or transmitter as fully as they were before being so affixed and do not become part of the real property unless otherwise agreed by the Corporation, distribution electric utility or transmitter in writing.

Alteration of works

98( 1) If, for the purpose of making improvements to any public highway, street, lane or other public place, including widening or changing the course of it, it is necessary to take up, remove or change the location of any of the works of the Corporation or of another distribution electric utility or transmitter, the responsible authority proposing to make the improvements to the public place shall notify the Corporation, distribution electric utility or transmitter of its intentions, specifying the necessary alteration or change of location of the works.

98( 2) Subject to subsection (3), the costs and expenses incurred in making the alterations or changes referred to in subsection (1) shall be apportioned between the Corporation, distribution electric utility or transmitter, as the case may be, and the municipality or other authority making the improvements to the public place in the manner that they may agree on, or in case of disagreement, in the manner determined by the Board.

98( 3) If the authority making the improvements to the public place is the Department of Transportation and Infrastructure, the New Brunswick Highway Corporation or a project company as defined in the New Brunswick Highway Corporation Act, the costs and expenses incurred in making the alterations or changes referred to in subsection (1) shall be apportioned in accordance with any agreement in effect between that authority and the Corporation, distribution electricity utility or transmitter, as the case may be, or if no agreement is in effect, in the manner determined by the Board.

98( 4) If some part or all of any public highway, street, lane or other public place is closed by the Crown or by any municipality or other authority, the Corporation or another distribution electric utility or transmitter may leave its works in place and has the same rights with respect to its works as though the public highway, street, lane or other public place or part of it had not been closed.

98( 5) If any wires, anchors, crossarms or equipment attached to poles of the Corporation or of another distribution electric utility or transmitter on, under, over, across, or along any public highway, street, lane or other public place project over land adjoining the public highway, street, lane or other public place, the Corporation, distribution electric utility or transmitter, as the case may be, is liable only for actual physical damage, if any, caused by the wires, anchors, crossarms or equipment.

Division G

Emergencies

Emergency plans

99( 1) The Corporation shall prepare and file with the Minister any emergency plans that the Minister considers necessary.

99( 2) The Minister may require an owner, operator or user of the integrated electricity system to prepare and file with the Minister any emergency plans that the Minister considers necessary.

99( 3) The Corporation shall assist in coordinating the preparation of plans under subsections (1) and (2).

99( 4) The Minister may direct the Corporation to implement an emergency plan filed under subsection (1), with any changes that the Minister considers necessary.

99( 5) The Minister may direct an owner, operator or user of the integrated electricity system who has filed an emergency plan under subsection (2) to implement the plan, with any changes that the Minister considers necessary.

PART 6

REGULATION OF ELECTRICITY

Division A

Planning

Integrated resource plan

100( 1) The Corporation shall, in accordance with subsection (4), submit to the Executive Council for approval an integrated resource plan that covers a planning period of not less than 20 years and that includes the following:

(a) the Corporation’s load forecast for the planning period;

(b) demand-side management and energy efficiency plans considered by the Corporation and those it has chosen for implementation;

(d) the anticipated impact on load of the demand-side management and energy efficiency plans chosen for implementation by the Corporation;

(e) the cost implications of the demand-side management and energy efficiency plans and supply-side options chosen for implementation by the Corporation as projected for the initial 10-year period covered by the integrated resource plan;

(f) any key assumptions relied on by the Corporation in developing the integrated resource plan;

(g) a description of the stakeholder consultations carried out by the Corporation in developing the integrated resource plan; and

(h) any other information the Corporation considers relevant or that is ordered by the Board under subsection (3) to be included.

100( 2) Subject to any changes requested under subsection (7), an integrated resource plan shall be developed by the Corporation in accordance with the principles of least-cost service, economic and environmental sustainability and risk management.

100( 3) The Board may, on its own motion, order the Corporation to include additional information in any subsequent integrated resource plans submitted under subsection (1) for the approval of the Executive Council.

100( 4) An integrated resource plan shall, at the following times, be submitted to the Executive Council under subsection (1) for approval:

(a) within one year after the commencement of this section;

(b) at any time on the request of the Board; and

(c) at least once every three years after the date of the submission of the latest integrated resource plan under either paragraph (a) or (b).

100( 5) The Executive Council shall approve or reject an integrated resource plan within 90 days after receipt of the plan.

100( 6) If the Executive Council does not render a decision under subsection (5) within the time specified in that subsection, the integrated resource plan shall be deemed to be approved on the expiry of that time.

100( 7) The Executive Council may request changes to an integrated resource plan or request additional information from the Corporation before approval.

100( 8) An integrated resource plan approved by the Executive Council under subsection (5) or deemed to be approved under subsection (6) shall be filed by the Corporation with the Board within 30 days after the approval or deemed approval.

Strategic, financial and capital investment plan

101( 1) The Corporation shall file with the Board for information purposes within one year after the commencement of this section and annually after that a strategic, financial and capital investment plan covering the next ten fiscal years that includes the following:

(a) a schedule showing, for each fiscal year covered by the plan, each capital project contemplated by the Corporation that has a total projected capital cost of $50 million or more and the related projected annual capital expenditures for each such project;

(b) a schedule showing, for each fiscal year covered by the plan, the projected aggregate capital expenditures that relate to the capital projects contemplated by the Corporation that have a projected total capital cost of less than $50 million;

(d) a projected balance sheet for the Corporation for each fiscal year covered by the plan;

(e) the Corporation’s load and revenue forecast for each fiscal year covered by the plan;

(f) a schedule showing, for each fiscal year covered by the plan, the projected annual overall change in rates for sales of electricity within the Province, expressed as a percentage, that is necessary to meet the revenue requirements referred to in paragraph (c); and

(g) any other information that the Corporation considers relevant or that is ordered by the Board under subsection (2) to be included.

101( 2) The Board may, on its own motion, order the Corporation to include additional information in any subsequent strategic, financial and capital investment plan filed under subsection (1).

101( 3) A plan filed under subsection (1) shall not be inconsistent with the latest integrated resource plan approved or deemed to be approved under section 100.

Division B

Electricity Services

Application

102 This Division applies to the Corporation in respect of the services provided by it to consumers and to municipal distribution utilities.

Rates

103( 1) The Corporation shall make an application to the Board for approval of the Corporation’s schedules of rates it proposes to charge for its services

(a) for the fiscal year which commences on April 1, 2015, and

(b) for each subsequent fiscal year.

103( 2) An application made by the Corporation under subsection (1) shall include, but not be limited to, the following:

(a) the Corporation’s projection of its load and revenue for the fiscal year to which the application relates;

(b) the Corporation’s revenue requirements for the fiscal year to which the application relates; and

103( 3) Nothing prevents the Corporation from making an application to the Board at any time for the approval of interim rates.

103( 4) When an application has been filed under subsection (1) by the Corporation, the Corporation is entitled to charge for its services the rates last approved or fixed by the Board until such time as new rates are approved or fixed.

103( 5) The Board shall, on receipt of an application under this section, proceed under section 127.

103( 6) The Board, at the conclusion of the hearing under section 127, shall

(a) approve the rates applied for, if satisfied that they are just and reasonable or, if not so satisfied, fix other rates that it finds to be just and reasonable,

(b) set the time at which any change in the rates is to take effect, and

(c) require the Corporation to file with the Board, before the time set under paragraph (b), updated schedules of rates approved or fixed by the Board.

103( 7) In approving or fixing just and reasonable rates, the Board shall base its order or decision on the Corporation’s revenue requirements, taking into consideration

(a) the policy set out in section 68,

(b) the most recent integrated resource plan approved or deemed to be approved by the Executive Council under section 100,

(d) any requirements imposed by law on the Corporation that may be relevant to the application, including, without limitation, requirements regarding demand-side management and energy efficiency plans and renewable energy requirements,

(e) any directive issued by the Executive Council under section 69 that may be relevant to the application, and

(f) any policy established by a regulation made under paragraph 142(1)(f) that may be relevant to the application.

103( 8) In approving or fixing just and reasonable rates, the Board may take into consideration

(a) accounting and financial policies of the Corporation,

(b) matters of cost allocation and rate design,

(d) the Corporation’s demand-side management and energy efficiency plans, and

(e) any other factors that the Board considers relevant.

Compensation

104 If the Board has approved or fixed a rate for a service, the Corporation shall not charge, demand, collect or receive greater or less compensation for that service than the approved or fixed rate.

Review of rates

105( 1) On request of the Lieutenant-Governor in Council or on its own motion, the Board may review any or all of the rates charged by the Corporation for sales of electricity within the Province.

105( 2) On a review under subsection (1), the Board shall

(a) direct the Corporation to file an application for confirmation of any or all of the rates charged by it,

(b) give notice to the Corporation of the date of the hearing of the application, and

105( 3) The Board, at the conclusion of the hearing, shall

(a) confirm the rates, if it is satisfied that they are just and reasonable or, if not so satisfied, fix other rates that it finds to be just and reasonable, and

(b) set the time at which any change in the rates is to take effect.

Rates that take effect immediately

106( 1) The Corporation may, in relation to a service for which rates are otherwise not regulated under this Division, make a rate that takes effect immediately, and the Corporation shall immediately file with the Board a schedule of that rate, which shall be the same for all like and contemporaneous services.

106( 2) The Corporation shall, if required to do so by the Board, demonstrate to the satisfaction of the Board that a rate made under subsection (1) is not in respect of a service for which rates are otherwise regulated under this Division.

Division C

Approval of Capital Projects

Approval of capital projects of the Corporation

107( 1) Subject to subsections (4) and (6), if the total projected capital cost to the Corporation of a capital project is $50 million or more, the Corporation shall not incur, in relation to the capital project, capital expenditures in excess of an amount equal to 10% of the total projected capital cost of the capital project before the capital project has been approved by the Board.

107( 2) For the purposes of subsection (1), the Corporation shall make an application to the Board.

107( 3) The Corporation may apply to the Board for approval of a capital project with a total projected capital cost of less than $50 million.

107( 4) On an application by the Corporation for approval of a capital project described in subsection (1) that is made after the Corporation has incurred capital expenditures in excess of the amount indicated in that subsection in relation to the project, the Board may give retroactive effect to the approval if the Board is satisfied that

(a) the expenditures were necessary for the reliability, adequacy or safety of the integrated electricity system, of the Corporation’s generation facilities or of the Corporation’s distribution system, or

(b) the expenditures were necessary to relieve the Corporation of undue financial hardship and arose due to

( i) circumstances beyond the reasonable control of the Corporation acting in accordance with good utility practice, or

( ii) circumstances that were unforeseeable by the Corporation acting in accordance with good utility practice.

107( 5) Despite subsection (1), a capital project that was approved by the board of directors of the Corporation, of a predecessor of the Corporation, or of a subsidiary of the Corporation before the commencement of this section shall be conclusively deemed to be prudent and shall not require the approval of the Board, if expenditures or contractual commitments were made by the Corporation, the predecessor of the Corporation, or the subsidiary of the Corporation in relation to the project before the commencement of this section.

107( 6) In the event that the total projected capital cost of a capital project in respect of which subsection (5) applies is $50 million or more, the Corporation shall not, without the prior approval of the Board, incur, in relation to the capital project, capital expenditures in excess of those approved with regard to the capital project by the relevant board of directors before the commencement of this section.

107( 7) For the purposes of subsection (6), the Corporation shall make an application to the Board.

107( 8) An application under this section may be joined with any other application under this Part.

107( 9) If satisfied as to the prudence of a capital project for which approval is applied for under this section, the Board shall approve the capital project.

107( 10) For the purposes of subsection (6), if satisfied as to the prudence of the excess capital expenditures, the Board shall approve those capital expenditures.

107( 11) In making a decision under subsection (9) or (10), the Board shall take into consideration

(a) the policy set out in section 68,

(b) the most recent integrated resource plan approved or deemed to be approved by the Executive Council under section 100,

(e) any directive issued by the Executive Council under section 69 that may be relevant to the application,

(f) any policy established by a regulation made under paragraph 142(1)(f) that may be relevant to the application, and

(g) any other factors that the Board considers relevant.

107( 12) If the Corporation makes an application for approval under this section, no other transmitter is required to be a party to the proceedings before the Board.

Approval of capital projects of transmitters other than the Corporation

108( 1) A transmitter, other than the Corporation, may apply to the Board for pre-approval of a capital project.

108( 2) If satisfied as to the prudence of a capital project, the Board shall approve the capital project.

108( 3) An application under this section may be joined with any other application under this Part.

108( 4) If a transmitter, other than the Corporation, makes an application under this section, the Corporation is not required to be a party to the proceedings before the Board.

Division D

Transmission Service and
Ancillary Services

Application

109 This Division applies to

(a) transmitters, and

(b) the transmission tariff.

Approved transmission tariff for the Province

110( 1) There shall be one approved transmission tariff governing the provision of transmission service and ancillary services in the Province.

110( 2) Transmission service and ancillary services provided by a transmitter shall be provided only in accordance with the approved transmission tariff.

Transmission tariff must provide for open access

111( 1) The approved transmission tariff shall provide for open and non-discriminatory access to transmission service and ancillary services.

111( 2) The approved transmission tariff shall be just and reasonable and shall under substantially similar circumstances and conditions be applied equally to all persons on the same basis or at the same rate in a non-discriminatory manner.

111( 3) The Corporation shall apply to the Board for approval of a standards of conduct compliance program.

Question of fact

112 The Board may determine, as a question of fact, whether or not transmission service or ancillary services provided under substantially similar circumstances and conditions has or have been charged for equally to all persons on the same basis or at the same rate in a non-discriminatory manner.

Application for approval of transmission tariff, changes to transmission tariff or transmission revenue requirements

113( 1) Within one year after the commencement of this section, the Corporation shall make an application to the Board for approval of

(a) a transmission tariff, and

(b) the Corporation’s transmission revenue requirements.

113( 2) The Corporation may at any time apply to the Board for approval of changes to the provisions of the approved transmission tariff.

113( 3) Following the decision of the Board with respect to the application under subsection (1), the Corporation shall, at least once every three years, make an application to the Board for approval of its transmission revenue requirements.

113( 4) A transmitter, other than the Corporation, may make an application to the Board for approval of its transmission revenue requirements.

113( 5) The Board shall, on receipt of any application under this section, proceed under section 127.

113( 6) When an application is made under this section by a transmitter for approval of its transmission revenue requirements, no other transmitter is required to attend the hearing under section 127, but any other transmitter may provide a notice to the Board that it intends to attend the hearing for the purpose of defending its transmission revenue requirements.

113( 7) A transmitter who provides a notice under subsection (6) shall be deemed to be a party to the proceedings before the Board.

113( 8) When an application is made under subsection (2), no transmitter shall be required to apply for approval of its transmission revenue requirements unless the Board determines that the changes to the provisions of the approved transmission tariff that are applied for are likely to have a material impact on the transmission revenue requirements of the transmitter.

113( 9) At the time the Corporation files an application made under subsection (2) with the Board, the Corporation shall provide notice of the application to the other transmitters.

113( 10) For the purposes of the approval or fixing of the Corporation’s transmission revenue requirements, the Board shall permit a return on equity within a range prescribed by regulation.

113( 11) The capital structure prescribed by regulation shall be used by the Board for the purposes of the approval or fixing of the Corporation’s transmission revenue requirements.

113( 12) In the case of an application under subsection (1), the Board shall, at the conclusion of the hearing, comply with subsection (14) and do the following:

(a) approve the transmission tariff, if it is satisfied that the transmission tariff is just and reasonable, or if not so satisfied fix any other transmission tariff that it finds to be just and reasonable; and

(b) set the time at which the transmission tariff or any provision of it is to take effect.

113( 13) In the case of an application under subsection (2), the Board, at the conclusion of the hearing, shall

(a) approve the changes that it is satisfied are just and reasonable,

(b) make any other changes to the approved transmission tariff that it finds to be just and reasonable, and

113( 14) In the case of an application under this section in which a transmitter applies for approval of its transmission revenue requirements, the Board shall, at the conclusion of the hearing, approve or fix just and reasonable rates pertaining to the provision of transmission service and ancillary services and set the time at which any change in the approved transmission tariff is to take effect, and the Board shall base its decision on the following:

(a) if only one transmitter is a party to the proceedings before the Board,

( i) that transmitter’s transmission revenue requirements as approved or fixed by the Board, and

( ii) the other transmitters’ transmission revenue requirements that were last approved or fixed by the Board; and

(b) if more than one transmitter is a party to the proceedings before the Board, all those transmitters’ transmission revenue requirements as approved or fixed by the Board.

113( 15) Subject to subsection (16), in making any order or decision in respect of an application under this section, the Board shall take into consideration

(a) the policy set out in section 68,

(b) the most recent integrated resource plan approved or deemed to be approved by the Executive Council under section 100,

(e) any directive issued by the Executive Council under section 69 that may be relevant to the application,

(f) any policy established by a regulation made under paragraph 142(1)(f) that may be relevant to the application, and

(g) any other factors that the Board considers relevant.

113( 16) Paragraphs (15)(b) and (c) do not apply to the Board in making an order or decision in respect of an application under subsection (1).

Administration of approved transmission tariff

114 The Corporation is responsible for the administration of the approved transmission tariff.

Collection under approved transmission tariff

115 A transmitter shall not charge, demand, collect or receive greater or less compensation for transmission service or ancillary services than is prescribed in the approved transmission tariff.

Review of approved transmission tariff

116( 1) On request of the Lieutenant-Governor in Council or on its own motion, the Board may review all or any portion of the approved transmission tariff.

116( 2) On a review under subsection (1), the Board shall

(a) direct the Corporation to file an application for confirmation of any portion or all of the approved transmission tariff,

(b) give notice to the transmitters of the date of the hearing of the application, and

116( 3) If, in the course of a review under this section, the Board is of the opinion that there is likely to be a material change to a transmitter’s transmission revenue requirements, the Board may require the transmitter to attend the hearing for the purpose of defending those transmission revenue requirements, in which case the transmitter shall be deemed to be a party to the proceedings before the Board.

116( 4) The Board, at the conclusion of the hearing, shall

(a) confirm the transmission tariff, if it is satisfied that the transmission tariff is just and reasonable, or if not so satisfied, fix any other transmission tariff that it finds to be just and reasonable, and

(b) set the time at which any change in the transmission tariff is to take effect.

Acquiring capacity-based ancillary services

117 A person, including the Corporation, who has an obligation to acquire capacity-based ancillary services for any purpose may acquire those services from its own resources or from other sources.

PART 7

RELIABILITY STANDARDS

Definition of “prescribed functions”

118 In this Part, “prescribed functions” means functions prescribed by regulation under subparagraph 142(1)(j)(vi).

Approval of reliability standards

119( 1) Based on materials and information filed with it by the Corporation in accordance with the regulations, the Board may, subject to and in accordance with the regulations and subject to subsection (2),

(a) approve a reliability standard, with or without modifications,

(b) approve modifications to an approved reliability standard,

(d) remand a reliability standard or modifications to an approved reliability standard to the Corporation for further consideration, or

(e) retire an approved reliability standard.

119( 2) The Board shall not approve a reliability standard, with or without modifications, or approve modifications to or retire an approved reliability standard without having considered

(a) the potential impact of the approval or the retirement on the reliability of the bulk power system,

(b) the potential cost and benefits of the approval or the retirement,

(d) any other factors that the Board considers relevant.

119( 3) Despite subsection (2), the Board shall approve a reliability standard or approve modifications to or retire an approved reliability standard in the circumstances set out in the regulations.

119( 4) The Regulations Act does not apply to an approved reliability standard.

Compliance with approved reliability standards

120( 1) Subject to the outcome of any appeal under subsection 121(3), an approved reliability standard applies to any person registered under subsection 121(1) or notified under subsection 121(2) of a requirement to register, to the extent that the person carries out prescribed functions in respect of which the approved reliability standard applies.

120( 2) A person to whom an approved reliability standard applies shall comply with the standard.

120( 3) Despite subsection (2), an owner, operator or user of the bulk power system who is required to comply with an approved reliability standard may, subject to the regulations, enter into an agreement with a person to transfer the obligation to comply with any requirements of that approved reliability standard to that person if that person is otherwise obligated to comply with those requirements.

Registration

121( 1) An owner, operator or user of the bulk power system who carries out prescribed functions in respect of which an approved reliability standard applies shall register with the Board in accordance with the regulations.

121( 2) The Board shall, in accordance with the regulations, notify owners, operators and users of the bulk power system of a requirement to register under subsection (1).

121( 3) A person required to register under subsection (1) may appeal the requirement to the Board in accordance with the regulations.

121( 4) An appeal does not suspend the requirement to comply with an approved reliability standard under subsection 120(2) pending the determination of the appeal unless the Board orders otherwise.

Compliance monitoring and enforcement

122( 1) The Board is authorized

(a) to monitor and assess compliance with approved reliability standards in accordance with the regulations, including, but not limited to, identifying actual or potential violations of the standards, and

(b) to enforce approved reliability standards in accordance with this section and the regulations, including, but not limited to, making orders or decisions in respect of actual or potential violations.

122( 2) Despite any other provision of this Act or any provision of any other Act, the Board, by contract, may authorize a compliance body

(a) to carry out the responsibility referred to in paragraph (1)(a) or any part of it,

(b) to assist or advise the Board in respect of the responsibility referred to in paragraph (1)(b) or any part of it, or

(c) to carry out or exercise any power, duty, function, responsibility or authority conferred on the Board under this Act or the regulations if the power, duty, function, responsibility or authority has been prescribed by regulation for the purposes of this paragraph.

122( 3) A compliance body authorized in accordance with paragraph (2)(a) or (c) to carry out or exercise powers, duties, functions, responsibilities or authorities or an employee or agent of that compliance body has the powers of an inspector under section 134, and that section, section 135 and subsection 140(1) apply, with the necessary modifications, as though the compliance body, employee or agent were an inspector.

122( 4) Subject to the regulations, the Board may, by order, require a person who has been determined by the Board to have violated an approved reliability standard to do any one or more of the following:

(a) in accordance with the regulations,

( i) to prepare and submit to the Board for approval a plan to correct the violation and to prevent its recurrence, and

( ii) to carry out the plan as approved by the Board;

(b) to pay financial penalties as provided for by the regulations;

(d) to carry out any activities, functions or operations specified in the order only in accordance with any restrictions specified in the order;

(e) to disconnect any works specified in the order from the bulk power system;

(f) to do or refrain from doing any act or thing prescribed by regulation.

122( 5) Any order made by the Board under subsection (4) shall not require a person to construct new works or alter existing works in order to increase generation or transmission capacity.

122( 6) If the Board requires the payment of a financial penalty under paragraph (4)(b), the penalty shall be remitted to the Minister of Finance to be paid into the Consolidated Fund.

122( 7) Any measures or penalties required by an order under subsection (4) shall bear a reasonable relationship to the seriousness of the violation in respect of which the order is made.

122( 8) In making an order under subsection (4), the Board shall take into consideration any efforts of the person against whom the order is made to remedy the violation in a timely manner and any other factors it considers relevant.

Reliable supply

123 Nothing in this Part or the regulations relating to this Part abrogates or derogates from any authority or obligation of the Corporation under this Act or the approved transmission tariff to ensure the safety, adequacy, security and reliable supply of electric service within the Province.

Provision of regulations prevails

124 A provision of the regulations that prescribes procedures for proceedings of the Board under this Part or under the regulations relating to this Part prevails over any inconsistent provision of the Energy and Utilities Board Act.

PART 8

NEW BRUNSWICK ENERGY AND UTILITIES BOARD

Forbearance

125( 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, if the Board finds as a question of fact that forbearance would be consistent with the purposes of this Act.

125( 2) 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.

Rules of the Board

126 The Board may make rules respecting the practice and procedure regarding all matters over which it has jurisdiction under this Act or the regulations, and the rules, when approved by the Lieutenant-Governor in Council, shall have the force of law.

Hearings

127( 1) Notice of the hearing of an application under section 103, 105, 113 or 116 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 and by any other means that the Board may direct.

127( 2) When an application has been made and notice of the hearing is given, the Board shall conduct the hearing.

127( 3) The hearing of an application under section 103 or 105 and the hearing of an application under section 113 or 116 may be held at the same time or separately, as determined by the Board.

127( 4) When the Board determines that it is not contrary to the public interest to do so, it may conduct any hearing under this Act or the regulations based solely on written evidence and submissions.

Burden of proof

128 In an application under this Act or the regulations, the burden of proof is on the applicant.

Powers of inquiry

129 The Board may, on its own motion or on a complaint made by any person, inquire into, hear and determine any matter in respect of which it has jurisdiction under this Act or the regulations if it appears to the Board

(a) that, in relation to that matter, any person has failed to do any act, matter or thing required to be done under this Act or the regulations or by a 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 Act or the regulations or any rule, order or direction made by the Board, or

(b) 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 act, matter or thing that by this Act or the regulations or by rule, order or direction made by the Board is prohibited or required to be done.

Orders of the Board

130 The Board may, in relation to any matter in respect of which it has jurisdiction under this Act or the regulations,

(a) order and require any person to do, without delay or within or at any specified time and in any manner it determines, any act, matter or thing that the person is or may be required to do under this Act or the regulations or a rule or order or direction made by the Board, and

(b) forbid the doing or continuing of any act, matter or thing that is contrary to the Act or the regulations or a rule or order or direction made by the Board.

Order in the public interest

131 Any order or decision of the Board made under this Act or the regulations is subject to any terms or conditions that the Board considers necessary in the public interest.

Effective date of order

132 Every order or decision of the Board comes into effect on the date it is made unless the order or decision states otherwise.

Appointment of inspectors

133( 1) The Board may appoint any person as an inspector for the purposes of ensuring compliance with the provisions of Part 6 or 7, the regulations relating to those Parts, or an order or decision of the Board.

133( 2) The Board shall issue to every inspector a certificate of appointment and every inspector, in the execution of his or her duties, shall produce his or her certificate of appointment on request.

Inspections

134( 1) An inspector may, at any reasonable time, on producing proper identification if so requested, enter any premises, building or place and may

(a) require the production of documents or things that may be relevant to the inspection,

(b) inspect documents or things that may be relevant to the inspection,

(d) require information from any person concerning a matter related to the inspection, and

(e) be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.

134( 2) In carrying out an inspection, an inspector may

(a) use a data processing system at the premises, building or place where the records, documents or things are kept,

(b) reproduce any record or document that may be relevant to the inspection, and

134( 3) If copies of or extracts from documents or things are made under this section and certified as being true copies of or extracts from the originals by the person who made them, the copies or extracts are admissible in evidence to the same extent and have the same evidentiary value as the originals.

134( 4) An inspector who removes documents or things shall give a receipt for the items and return the items as soon as possible after the making of copies or extracts.

134( 5) Before or after attempting to enter or to have access to any premises, building or place for a purpose mentioned in subsection (1), an inspector may apply to a judge for an entry warrant under the Entry Warrants Act.

134( 6) In carrying out an inspection, an inspector shall not do or cause to be done any act that would result in a violation of an approved reliability standard.

134( 7) Every person carrying out an inspection or accompanying a person carrying out an inspection under this section shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of the inspection, and shall not communicate those matters to any person except

(a) if required to do so in connection with the administration of this Act or in connection with any proceedings under this Act or the regulations,

(b) if it is to his or her counsel, or

134( 8) No person to whom subsection (7) applies shall be required to give testimony in any civil proceeding with regard to information obtained by him or her in the course of his or her inspection.

Prohibitions

135( 1) No person shall obstruct an inspector who is carrying out or attempting to carry out an inspection under this Act or the regulations or withhold or destroy or conceal or refuse to furnish any information or other thing required by the inspector for the purposes of the inspection.

135( 2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is engaged in carrying out his or her duties under this Act or the regulations.

PART 9

GENERAL

Electricity from renewable resources

136( 1) The Corporation shall, in accordance with the regulations, ensure that a portion of the electricity that it obtains is from renewable resources.

136( 2) The Corporation shall report to the Minister, in accordance with the regulations, respecting its compliance with this section and shall, if required by the Minister, demonstrate to the satisfaction of the Minister that it has met the requirements of this section.

Demand-side management and energy efficiency

137 Distribution electric utilities shall implement plans to meet demand-side management and energy efficiency requirements, if any, set out in the regulations.

Segregated funds

138( 1) Despite the Financial Administration Act, the Minister of Finance may establish segregated funds for the purposes of receiving money from the Corporation to be applied to the payment of expenses associated with the decommissioning and irradiated fuel management costs relating to the Point Lepreau nuclear generating station.

138( 2) The segregated funds established under subsection (1) shall be managed in accordance with the terms established by the Minister of Finance.

Refurbishment of the Point Lepreau nuclear generating station

139( 1) In this section, “project” means the project to refurbish the Point Lepreau nuclear generating station that began in 2008. (projet)

139( 2) The Corporation shall maintain a deferral account that records the costs, expenses and offset amounts

(a) required to be recorded under subsection 143.1(7) of the Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003, as that subsection read immediately before the repeal of that Act, and

(b) approved by the Board for the purposes of establishing the deferral account.

139( 3) For the purposes of this Act, the project shall be deemed to be prudent and the costs and expenses recorded in the deferral account maintained under subsection (2) shall be deemed to be prudent and necessary to carry out the project.

139( 4) The Board shall ensure that the balance in the deferral account, plus any financing costs incurred by the Corporation in relation to the balance in the deferral account,

(a) is recovered by the Corporation over the operating life of the refurbished Point Lepreau nuclear generating station, and

(b) is reflected in the rates charged by the Corporation in respect of the services referred to in section 102.

139( 5) The amounts recorded in the deferral account maintained under subsection (2) and the financing costs referred to in subsection (4) shall be deemed to be part of the revenue requirements of the Corporation and shall be deemed to be necessary for the provision of the services referred to in section 102.

139( 6) For the purposes of an application to the Board for approval of a change in rates for its services referred to in section 102, the Corporation shall present its revenue requirements in such a manner that the costs and expenses associated with the deferral account are shown separately from the other revenue requirements of the Corporation.

Offences and penalties

140( 1) A person who violates or fails to comply with subsection 135(1) or (2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

140( 2) A person who violates or fails to comply with an order or decision of the Board, other than an order or decision of the Board made under Part 7 or the regulations relating to that Part, commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.

Administration of Act

141 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

142( 1) The Lieutenant-Governor in Council may make regulations

(a) prescribing Acts or provisions of Acts that do not apply to the amalgamation under subsection 3(1) or to the continuation of the employment of employees under subsection 7(1), subject to any conditions or restrictions prescribed by the regulations;

(b) respecting the nomination process provided for in subsection 15(7) or 23(7), including, without limitation, recruitment, assessment and selection processes, the qualifications and skill requirements for nominees and the process for further nominations in the event of the rejection of nominees;

(b.1) for the purposes of subsection 23(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office;

(c) prescribing Acts or provisions of Acts that do not apply to the transfer to the Corporation and vesting in the Corporation of property, claims, rights, liabilities, obligations and privileges under subsection 53(1) or to the transfer of employees under subsection 57(1), subject to any conditions or restrictions prescribed by the regulations;

(d) respecting the calculation of the fees referred to in subsection 46(1);

(e) respecting the manner in which and the time at which the fees referred to in subsection 46(1) are to be paid;

(f) establishing policies to be observed by the Board in the exercise of any jurisdiction or authority conferred on it under this Act or the regulations;

(g) prescribing a date for the purposes of subsection 74(6);

(h) prescribing a range of return on equity for the purposes of subsection 113(10);

(i) prescribing a capital structure for the purposes of subsection 113(11);

(j) respecting reliability standards, including, without limitation,

( i) respecting the filing of reliability standards and other materials and information with the Board, including, but not limited to, requiring the Corporation to file materials or information within specified times,

( ii) respecting the approval of reliability standards and the applicability, publication, modification and retirement of approved reliability standards,

( iii) designating bodies as compliance bodies for the purposes of the definition “compliance body” in section 1,

( iv) for the purposes of subsection 119(3), respecting circumstances in which the Board is required to approve a reliability standard or approve modifications to or retire an approved reliability standard,

( v) respecting transfers and agreements referred to in subsection 120(3),

( vi) prescribing functions for the purposes of subsections 120(1), 121(1) and 150(1),

( vii) respecting the registration of owners, operators and users of the bulk power system, including registration in respect of functions prescribed under subparagraph (vi),

( viii) authorizing the Corporation or a compliance body to make recommendations as to which persons are required to be registered under subsection 121(1) and in relation to other matters pertaining to registration,

( ix) respecting notifications by the Board under subsection 121(2),

( x) prescribing any power, duty, function, responsibility or authority of the Board for the purposes of paragraph 122(2)(c),

( xi) respecting compliance with and enforcement of approved reliability standards,

( xii) respecting the preparation of plans to correct actual or potential violations of an approved reliability standard and to prevent their recurrence and the submission of those plans to the Board for its approval, including, but not limited to, the preparation and submission of plans referred to in subparagraph 122(4)(a)(i),

( xiii) authorizing and governing the making of orders or decisions by the Board, including, but not limited to, an order or decision

( A) respecting the approval of a reliability standard, with or without modifications,

( B) respecting the approval of modifications to an approved reliability standard,

( C) respecting the refusal to approve a reliability standard or modifications to an approved reliability standard,

( D) respecting the remanding of a reliability standard or modifications to an approved reliability standard for further consideration,

( E) respecting the retirement of an approved reliability standard,

( F) in respect of an appeal referred to in subsection 121(3),

( G) that an actual or potential violation of an approved reliability standard has or has not occurred,

( H) respecting actual or potential violations of an approved reliability standard,

( I) requiring immediate action to remedy a potential violation of an approved reliability standard, or

( J) respecting the approval of plans referred to in subparagraph (xii),

( xiv) respecting proceedings of the Board, including appeals referred to in subsection 121(3),

( xv) respecting the carrying out of plans referred to in subparagraph (xii) that have been approved by the Board,

( xvi) respecting financial penalties referred to in paragraph 122(4)(b), including, but not limited to, maximum penalties and methods used to determine penalties,

( xvii) prescribing acts or things for the purposes of paragraph 122(4)(f),

( xviii) respecting a compliance monitoring and enforcement program administered by the Board to monitor and assess compliance with and enforce approved reliability standards, including, but not limited to,

( A) authorizing the Board to develop, prepare and carry out annual implementation plans and other plans containing

( I) reporting requirements,

( II) requirements to submit to audits, spot checks, investigations and other compliance measures taken by the Board, and

( III) other requirements for monitoring and assessing compliance with the reliability standards,

( B) respecting settlement processes, and

( C) authorizing the Board to take enforcement actions,

( xix) requiring owners, operators or users of the bulk power system to comply with annual implementation plans and other plans referred to in subparagraph (xviii),

( xx) respecting the keeping of records by the Board and the confidentiality of information generated or received by the Board,

( xxi) requiring and governing the provision of information by the Board to the Corporation, including, but not limited to, information respecting potential violations of approved reliability standards by persons other than the Corporation and information respecting orders made in respect of the potential violations, and

( xxii) conferring additional powers or duties on the Board or the Corporation;

(k) authorizing the Board to shorten or lengthen any time limit set out in a regulation made under paragraph (j) other than a time limit set out in a regulation made under subparagraph (i) of that paragraph;

(l) respecting requirements for the Corporation to obtain electricity from renewable resources, including, without limitation,

( i) prescribing the criteria to be met for a resource to be considered a renewable resource, including, but not limited to, criteria relating to fuel source, ownership and location,

( ii) setting the amount, or methods of determining the amounts, of electricity to be obtained from renewable resources or types of renewable resources,

( iii) setting the purchase price, or method of setting the purchase price, for electricity obtained from renewable resources or types of renewable resources,

( iv) prescribing requirements and procurement rules in relation to obtaining electricity from renewable resources or types of renewable resources, including, but not limited to,

( A) rules regarding distributed generation and technical requirements for connection to the distribution system of a distribution electric utility,

( B) rules regarding net metering, and

( C) requirements to be met by providers of electricity, and

( v) authorizing a distribution electricity utility to establish requirements or policies for the connection of distributed generation or net metering facilities to the distribution electric utility’s distribution system;

(m) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by some or all of the large industrial enterprises located in the Province, including, without limitation,

( i) respecting the eligibility requirements for the program,

( ii) specifying the types of electricity generated from renewable resources that are eligible under the program,

( iii) setting the purchase price for electricity obtained in accordance with the program,

( iv) authorizing the Minister to determine the methodology and any relevant factors for consideration in the calculation of the Canadian average price for the purposes of the program, and

( v) respecting the method by which the target reduction percent is to be calculated for the purposes of the program and how the target reduction percent is to be achieved;

(n) respecting reports to be made to the Minister for the purposes of section 136;

(o) respecting demand-side management and energy efficiency requirements for the purposes of section 137;

(p) prescribing modifications for the purposes of subsection 147(1);

(q) exempting any person or class of persons from any provision of this Act or the regulations, subject to any conditions or restrictions prescribed by the regulations;

(r) designating bodies as standards bodies for the purposes of the definition “standards body” in section 1;

(s) defining “bulk power system”, “distributed generation” and “net metering” and any other word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or both;

(t) respecting any other thing required or authorized by this Act to be done by regulation;

(u) providing for any transitional matters that the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Act;

(v) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.

142( 2) A regulation made under this section may be general or particular in its application.

142( 3) A regulation made under this section may incorporate by reference, in whole or in part, any laws, regulatory instruments, codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with any law, regulatory instrument, code, standard, procedure or guideline so incorporated.

142( 4) A regulation made under (1)(a) or (c) may provide that it has retroactive application to the date of the commencement of this section.

142( 5) In a regulation made under any of the subparagraphs in paragraph (1)(j), the Lieutenant-Governor in Council may

(a) delegate a matter to the Board, the Corporation or a compliance body referred to in subsection 122(3), and

(b) confer a discretion on the Board, the Corporation or a compliance body referred to in subsection 122(3).

142( 6) A regulation made under paragraph (1)(l) or (m) may provide that it has retroactive application to a date not earlier than January 1, 2012.

142( 7) In a regulation made under paragraph (1)(s) defining the term “bulk power system”, the Lieutenant-Governor in Council

(a) may authorize the Board to modify, by order, the meaning of the defined term by including or excluding transmission elements, and

(b) may provide that, in making an order referred to in paragraph (a), the Board shall consider prescribed criteria as well as any other factors the Board considers relevant.

142( 8) A regulation made under paragraph (1)(u)

(a) may provide that it has retroactive application to a date not earlier than the date of the commencement of this section, and

(b) may provide that it applies despite this or any other Act.

PART 10

TRANSITIONAL PROVISIONS

Directors and officers

143( 1) Despite subsection 15(5), a director of the New Brunswick Power Holding Corporation in office immediately before the commencement of this section, other than the President and Chief Executive Officer, shall, on the commencement of this section, be deemed to be appointed to the board of directors of the Corporation as a director referred to in paragraph 15(2)( b) for a term that is equal to the unexpired portion of his or her term as a director of the New Brunswick Power Holding Corporation and, despite the expiry of his or her term and subject to subsection 15(4), shall remain in office until the director resigns or is reappointed or replaced.

143( 2) The Chair of the board of directors of the New Brunswick Power Holding Corporation in office immediately before the commencement of this section shall, on the commencement of this section, be deemed to be appointed as the Chair of the board of directors of the Corporation for a term that is equal to the unexpired portion of his or her term as Chair of the board of directors of the New Brunswick Power Holding Corporation and, despite the expiry of his or her term and subject to subsection 16(6), shall remain in office until he or she resigns or is reappointed or replaced.

143( 3) The Vice-Chair of the board of directors of the New Brunswick Power Holding Corporation in office immediately before the commencement of this section shall, on the commencement of this section, be deemed to be appointed as the Vice-Chair of the board of directors of the Corporation for a term that is equal to the unexpired portion of his or her term as Vice-Chair of the board of directors of the New Brunswick Power Holding Corporation and, despite the expiry of his or her term and subject to subsection 16(6), shall remain in office until he or she resigns or is reappointed or replaced.

143( 4) Despite subsection 23(2), the President and Chief Executive Officer of the New Brunswick Power Holding Corporation in office immediately before the commencement of this section shall, on the commencement of this section, be deemed to be appointed as the President and Chief Executive Officer of the Corporation for a term that is equal to the unexpired portion of his or her term as President and Chief Executive Officer of the New Brunswick Power Holding Corporation and, despite the expiry of his or her term and subject to subsections 23(10) and (11), shall remain in office until he or she resigns or is reappointed or replaced.

143( 5) On the commencement of this section, the appointments of the members of the board of directors of the New Brunswick Power Generation Corporation holding office immediately before the commencement of this section are revoked.

143( 6) No action or other proceeding lies or shall be instituted against the Minister, the Crown or the Corporation as a result of the revocation of appointments under subsection (5).

143( 7) No action or other proceeding lies or shall be instituted against the Minister, the Crown or the Corporation as a consequence of any person ceasing to hold a board of directors position in an amalgamating corporation as a result of the amalgamation under subsection 3(1).

Arrangements

144 For the purposes of any matter that comes before the Board after the amalgamation under subsection 3(1), any contracts, agreements or other arrangements entered into before the commencement of that subsection by any of the following corporations shall be deemed to be prudent and reasonable:

(a) the New Brunswick Power Generation Corporation; or

(b) an amalgamating corporation that, before the commencement of subsection 3(1), was not subject to the regulatory oversight of the Board.

Transitional rates

145 On the commencement of this section, the Corporation shall charge for the services referred to in section 102 in accordance with the rates authorized under Division B of Part V of the Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003, that, but for the repeal of that Act, would have been effective on the date of the commencement of this section, until such rates are changed in accordance with this Act, and any authorization provided, or approval required, under that Division shall be deemed to have been provided or given to the Corporation.

Change in rates without application

146( 1) On October 1, 2013, the Corporation may impose, across all rate classes, a uniform increase of not more than two percent in the rates it charges for the services referred to in section 102 without making an application to the Board for approval of the increase.

146( 2) On October 1, 2014, the Corporation may impose, across all rate classes, a uniform increase of not more than two percent in the rates it charges for the services referred to in section 102 without making an application to the Board for approval of the increase.

146( 3) The Corporation shall file new schedules of rates for its services referred to in section 102 with the Board within 30 days before any increase in the rates is made under subsection (2).

146( 4) When filing new schedules with the Board in relation to any increase in the rates under subsection (2), the Corporation shall include in the schedules the date the authorization was given by the board of directors of the Corporation to increase the rates.

146( 5) For the purposes of this Act, an increase in rates made under subsection (1) or (2) shall be deemed to be approved by the Board under Division B of Part 6.

Transitional transmission tariff

147( 1) Subject to subsection (8), in this section, “transitional transmission tariff” means the approved transmission tariff that was in effect immediately before the commencement of this section, with the modifications prescribed by regulation and the deletions deemed to be effected under subsection 148(3).

147( 2) The Corporation shall, with respect to transmission service and ancillary services, administer and comply with the transitional transmission tariff until that tariff is replaced by a new transmission tariff approved or fixed under subsection 113(12).

147( 3) Transmitters, other than the Corporation, and users of the integrated electricity system shall, with respect to transmission service and ancillary services, comply with the transitional transmission tariff until that tariff is replaced by a new transmission tariff approved or fixed under subsection 113(12).

147( 4) On the commencement of this section, any approval given by the Board in respect of the transmission tariff in effect immediately before the commencement of this section shall be deemed to have been given in respect of the transitional transmission tariff.

147( 5) The Corporation may apply for approval of changes to the transitional transmission tariff until a new transmission tariff is approved or fixed under subsection 113(12), and subsections 113(2), (5), (8), (9) and (13) and section 127 apply, with the necessary modifications, for the purposes of this subsection.

147( 6) If there is a conflict between any change approved or made under the authority of subsection (5) and a regulation referred to in subsection (1), the change prevails.

147( 7) Section 116 does not apply in respect of the transitional transmission tariff.

147( 8) If changes to the transitional transmission tariff are approved or made under the authority of subsection (5), any reference in subsection (2), (3), (5) or (7) to the transitional transmission tariff shall be read as a reference to the transitional transmission tariff as changed under the authority of subsection (5).

Transmission service reservations

148( 1) In this section, “Attachment M” means Attachment M, entitled “MEPCO reservations”, of the approved transmission tariff in effect immediately before the commencement of this section.

148( 2) On the commencement of this section, the long-term firm point-to-point transmission service reservations set out in Table 1, entitled “MEPCO RESERVATIONS”, of Attachment M shall be deemed to be held by the Corporation and the restrictions and obligations described in Attachment M shall be deemed not to apply in relation to the reservations.

148( 3) For the purposes of section 147, Attachment M and all references to Attachment M shall be deemed to be deleted from the approved transmission tariff in effect immediately before the commencement of this section.

148( 4) For the purposes of the application of the transitional transmission tariff under section 147, the deletion of Attachment M that is deemed to be effected by subsection (3) does not by itself abrogate or derogate from any right or obligation in any other portion of the transitional transmission tariff.

Standards deemed to be approved

149 The “NERC Standards”, standards of the North American Electric Reliability Corporation, that are listed in Appendix B of the document entitled “Market Procedure MP-08, Reliability Compliance Program New Brunswick (NBSO RCP-NB)”, published by the New Brunswick System Operator referred to in paragraph (h) of the definition “amalgamating corporations” in section 1, as that document read in the version in force immediately before the commencement of this section, shall be deemed on the commencement of this section to be approved by the Board and to be approved reliability standards.

Existing registrations and settlement agreements

150( 1) Owners, operators or users of the bulk power system registered with the New Brunswick System Operator referred to in paragraph (h) of the definition “amalgamating corporations” in section 1 or with the Northeast Power Coordinating Council Inc. immediately before the commencement of this section in respect of prescribed functions in respect of which an approved reliability standard applies on the commencement of this section shall be deemed, on the commencement of this section, to be registered with the Board under subsection 121(1) in respect of those same functions.

150( 2) Any person deemed to be registered under subsection 121(1) as a result of the application of subsection (1) shall be notified by the Board of the deemed registration and subsections 121(3) and (4) apply with the necessary modifications to the deemed registration.

150( 3) All of the information held immediately before the commencement of this section by the New Brunswick System Operator referred to in paragraph (h) of the definition “amalgamating corporations” in section 1 for the purpose of adopting reliability standards or monitoring compliance with or enforcing reliability standards shall be transferred to the Board on the commencement of this section.

150( 4) Despite any other provision of this Act, any settlement agreement between the New Brunswick System Operator referred to in paragraph (h) of the definition “amalgamating corporations” in section 1 and the New Brunswick Power Transmission Corporation that is in effect immediately before the commencement of this section for the purpose of monitoring compliance with reliability standards, or setting out mitigation actions, remedies or sanctions in respect of reliability standards, has effect on and after the commencement of this section as if

(a) the Corporation were substituted for the New Brunswick Power Transportation Corporation as a party to the agreement, and

(b) the Board were substituted for the New Brunswick System Operator as a party to the agreement.

Point Lepreau refurbishment project deferral account - hearings underway or previous decisions

151( 1) Any hearing, matter or thing commenced by the Board before the commencement of this section in relation to the deferral account referred to in section 139 but not completed before the commencement of this section shall be dealt with and completed by the Board in accordance with the law as it existed immediately before the commencement of this section, with any necessary modifications.

151( 2) Any decision, determination, direction, order, interim order or ruling of the Board made before the commencement of this section in respect of the New Brunswick Power Distribution and Customer Service Corporation with regards to the deferral account referred to in section 139

(a) shall be deemed to be a decision, determination, direction, order, interim order or ruling made in respect of the Corporation, and

(b) shall be read with any necessary modifications resulting from the coming into force of this Act.

PART 11

CONSEQUENTIAL AMENDMENTS

Auditor General Act

152 Section 1 of the Auditor General Act, chapter 118 of the Revised Statutes, 2011, is amended in the definition “agency of the Crown”

(a) by repealing paragraph (l) and substituting the following:

(l) the New Brunswick Power Corporation, and

(b) by repealing paragraph (m);

(n) the New Brunswick Energy Marketing Corporation,

(d) by repealing paragraph (o);

(e) by repealing paragraph (p);

(f) by repealing paragraph (q).

Regulation under the Conflict of Interest Act

153 Schedule A of New Brunswick Regulation 83-134 under the Conflict of Interest Act is amended

(a) by striking out

New Brunswick Power Coleson Cove Corporation

New Brunswick Power Distribution and Customer Service Corporation

New Brunswick Power Generation Corporation

New Brunswick Power Holding Corporation

New Brunswick Power Nuclear Corporation

New Brunswick Power Transmission Corporation

(b) by adding after

Liquor Licensing Board

the following:

New Brunswick Energy Marketing Corporation

New Brunswick Lotteries and Gaming Corporation

the following:

New Brunswick Power Corporation

Regulation under the Crown Construction Contracts Act

154 Subsection 2(2) of New Brunswick Regulation 82-109 under the Crown Construction Contracts Act is amended

(a) by striking out

New Brunswick Power Coleson Cove Corporation

New Brunswick Power Distribution and Customer Service Corporation

New Brunswick Power Generation Corporation

New Brunswick Power Holding Corporation

New Brunswick Power Nuclear Corporation

New Brunswick Power Transmission Corporation

(b) by adding the following in alphabetical order:

New Brunswick Energy Marketing Corporation

New Brunswick Power Corporation

Edmundston Act, 1998

155 Subsection 20(3) of the Edmundston Act, 1998, chapter E-1.111 of the Acts of New Brunswick, 1998, is amended by striking out “within the territorial limits of the municipality” and substituting “within the territorial limits of the municipality and of St Basile 10 (an Indian reserve under the Indian Act (Canada))”.

Regulation under the Electoral Boundaries and Representation Act

156 Schedule A of New Brunswick Regulation 2006-27 under the Electoral Boundaries and Representation Act is amended

(a) in section 31 by striking out “New Brunswick Power Transmission Corporation” and substituting “New Brunswick Power Corporation”;

(b) in section 33 by striking out “New Brunswick Power Transmission Corporation” and substituting “New Brunswick Power Corporation”;

(c) in section 42 by striking out “New Brunswick Power Transmission Corporation” and substituting “New Brunswick Power Corporation”;

(d) in section 43 by striking out “New Brunswick Power Transmission Corporation” and substituting “New Brunswick Power Corporation”.

Regulation under the Emergency Measures Act

157 Section 4 of New Brunswick Regulation 84-7 under the Emergency Measures Act is amended

(a) in subsection (1)

( i) by striking out

New Brunswick System Operator

( ii) by adding the following in alphabetical order:

New Brunswick Power Corporation

(b) in paragraph (3)(o) by striking out “New Brunswick System Operator” and substituting “New Brunswick Power Corporation”.

Energy and Utilities Board Act

158( 1) The Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is amended by adding after section 1 the following:

Interpretation

1.1 For greater certainty, in this Act, a reference to an Act includes a reference to the regulations under that Act unless the context otherwise requires.

158( 2) Subsection 40(3) of the Act is repealed.

158( 3) Paragraph 50(2)(a) of the Act is repealed and the following is substituted:

(a) transmitters under the Electricity Act;

Municipalities Act

159 Subsection 111.2(2) of the Municipalities Act, chapter M-22 of the Revised Statutes, 1973, is amended by striking out “section 69 of the Electricity Act” and substituting “section 88 of the Electricity Act”.

New Brunswick Investment Management Corporation Act

160 Paragraph 6(c) of the New Brunswick Investment Management Corporation Act, chapter N-6.01 of the Acts of New Brunswick, 1994, is amended by striking out “New Brunswick Power Holding Corporation” and substituting “New Brunswick Power Corporation”.

Proceedings Against the Crown Act

161 Section 1 of the Proceedings Against the Crown Act, chapter P-18 of the Revised Statutes, 1973, is amended in the definition “Crown corporation” by striking out “the New Brunswick Power Nuclear Corporation, the New Brunswick Electric Finance Corporation,” and substituting “the New Brunswick Power Corporation, the New Brunswick Energy Marketing Corporation,”.

Regulation under the Provincial Loans Act

162 Section 3 of New Brunswick Regulation 84-65 under the Provincial Loans Act is amended

(a) by repealing paragraph (a.1);

(b) by repealing paragraph (a.2);

( a.5) the New Brunswick Power Corporation;

Regulation under the Public Purchasing Act

163( 1) Section 28.2 of New Brunswick Regulation 94-157 under the Public Purchasing Act is amended by striking out “The New Brunswick Power Holding Corporation, the New Brunswick Power Generation Corporation, the New Brunswick Power Coleson Cove Corporation and the New Brunswick Power Nuclear Corporation” and substituting “The New Brunswick Power Corporation and the New Brunswick Energy Marketing Corporation”.

163( 2) The Regulation is amended in Schedule B

(a) by striking out

New Brunswick Power Coleson Cove Corporation

New Brunswick Power Distribution and Customer Service Corporation

New Brunswick Power Generation Corporation

New Brunswick Power Holding Corporation

New Brunswick Power Nuclear Corporation

New Brunswick Power Transmission Corporation

(b) by adding the following in alphabetical order:

New Brunswick Energy Marketing Corporation

New Brunswick Power Corporation

Public Service Labour Relations Act

164 The First Schedule of the Public Service Labour Relations Act, chapter P-25 of the Revised Statutes, 1973, is amended in Part IV

(a) by deleting

New Brunswick Power Holding Corporation

New Brunswick Power Coleson Cove Corporation

New Brunswick Power Distribution and Customer Service Corporation

New Brunswick Power Generation Corporation

New Brunswick Power Nuclear Corporation

New Brunswick Power Transmission Corporation

New Brunswick System Operator

(b) by adding after

New Brunswick Investment Management Corporation

the following:

New Brunswick Power Corporation

New Brunswick Energy Marketing Corporation

Regulation under the Public Service Superannuation Act

165 Schedule A of New Brunswick Regulation 84-105 under the Public Service Superannuation Act is amended

(a) by striking out

New Brunswick Power Coleson Cove Corporation

New Brunswick Power Distribution and Customer Service Corporation

New Brunswick Power Generation Corporation

New Brunswick Power Holding Corporation

New Brunswick Power Nuclear Corporation

New Brunswick Power Transmission Corporation

New Brunswick System Operator

(b) by adding after

New Brunswick Community College (NBCC)

the following:

New Brunswick Energy Marketing Corporation

New Brunswick Research and Productivity Council

the following:

New Brunswick Power Corporation

Regional Service Delivery Act

166 Section 1 of the Regional Service Delivery Act, chapter 37 of the Acts of New Brunswick, 2012, is amended in the definition “distribution electric utility” in the English version by striking out “distribution electric facility” and substituting “distribution electric utility”.

Right to Information and Protection of Privacy Act

167 Section 1 of the Right to Information and Protection of Privacy Act, chapter R-10.6 of the Acts of New Brunswick, 2009, is amended in the definition “head”

(a) in paragraph (d) by striking out “in the case of a body listed” and substituting “subject to paragraph (d.1), in the case of a body listed”;

(b) by adding after paragraph (d) the following:

(d.1) in the case of the New Brunswick Energy Marketing Corporation, the chair of its board of directors,

PART 12

REPEAL AND COMMENCEMENT

Repeal

168( 1) The Electricity Act, chapter E-4.6 of the Acts of New Brunswick, 2003, is repealed.

168( 2) New Brunswick Regulation 2004-2 under the Electricity Act is repealed.

168( 3) New Brunswick Regulation 2005-23 under the Electricity Act is repealed.

168( 4) New Brunswick Regulation 2006-58 under the Electricity Act is repealed.

168( 5) New Brunswick Regulation 2008-9 under the Electricity Act is repealed.

168( 6) New Brunswick Regulation 2012-58 under the Electricity Act is repealed.

Commencement

169 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

Saturday 13 November 2021

MIKEY HOLLAND'S VERY SNEAKY STINKY BILL 77 An Act to Amend the Electricity Act Read first time: November 10, 2021

60th Legislature | 1st Session | Daily Sitting #58

60th Legislature | 1st Session | Daily Sitting #40

60th Legislature | 1st Session | Daily Sitting #45

60th Legislature | 1st Session | Daily Sitting #46

60th Legislature | 1st Session | Daily Sitting #49 (Morning)

60th Legislature | 1st Session | Daily Sitting #49 (Afternoon)

60th Legislature | 1st Session | Daily Sitting #50

60th Legislature | 1st Session | Daily Sitting #54

60th Legislature | 1st Session | Daily Sitting #55

Bill No. 77 An Act to Amend the Electricity Act

Hon. Mike HOLLAND

Progression Timeline

First Reading

Second Reading

Standing Committee on Economic Policy

Standing Committee on Economic Policy

Committee Membership

Turner, Greg

Carr, Jeff

Ames, Richard

Arseneau, Kevin

Austin, Kris

Chiasson, Keith

Cullins, Ryan

LeBlanc, Jacques

LePage, Gilles

Wetmore, Ross

Wilson, Sherry

Recent Meetings

Standing Committee on Economic Policy - November 25, 2021

Standing Committee on Economic Policy - November 26, 2021

Standing Committee on Economic Policy - November 30, 2021

Standing Committee on Economic Policy - December 1, 2021

Standing Committee on Economic Policy - December 7, 2021

News Release

New Electricity Act introduced

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