Fourth Session, 45th General Assembly

56 Elizabeth II, 2007

BILL 32

AN ACT TO AMEND THE ELECTRICAL

POWER

CONTROL ACT, 1994

Received and Read the

First Time ............................................................................ June

13, 2007

Second Reading .......................................................................................................... June 13, 2007

Committee ..............................................................................................

Amendment

June 14, 2007

Third Reading .............................................................................................................. June 14, 2007

Royal Assent ......................................................................................................................................

HONOURABLE KATHY DUNDERDALE

Minister of Natural Resources

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Electrical Power Control Act, 1994 to

provide for the achievement of agreements between or among multiple users of a

body of water for the purpose of achieving, with respect to the body of water,

the policy objective set out in subparagraph 3(b)(

i) of the Act.

A BILL

AN ACT TO AMEND THE ELECTRICAL POWER CONTROL

ACT, 1994

Analysis

Ss.5.3 to 5.7 Added

5.3

Interpretation

5.4 Agreement to develop

a source of power

5.5 Agreement imposed

5.6 Amendments to an

agreement

5.7 Provision of an

agreement void

2. S.32 Amdt.

Regulations

3. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1994 cE-5.1

as amended

1. The Electrical

Power Control Act, 1994 is amended by adding immediately after

section 5.2

the following:

Interpretation

5.3 In

section 3, the phrase "all sources and facilities for the production,

transmission and distribution of power in the province" shall be read as

including sources of every kind, whether developed or undeveloped.

Agreement to

develop a source of power

5.4

(1) Two

or more persons who have been granted rights by the province to the same body

of water as a source for the production of power and who utilize, or propose to

utilize, or to develop and utilize the body of water as a source for the production

of power shall enter into an agreement for the purpose of achieving, with

respect to the body of water, the policy objective set out in subparagraph 3(b)(i).

(2) Where 2 or more persons enter into an

agreement under subsection (1), they shall refer the agreement to the public

utilities board.

(3) The public utilities board may, with respect

to an agreement submitted under subsection (2),

(

a) approve the agreement;

(

b) approve the agreement subject to the changes

the board may require; or

(

c) refuse to approve the agreement.

(4) In the exercise of its authority under

subsection (3), the public utilities board shall satisfy itself that the agreement

meets the policy objectives set out in subparagraph 3(b )( i).

Agreement imposed

5.5

(1) Where

2 or more persons to whom subsection 5.4(1) applies fail to enter into an

agreement within a reasonable time, one or more of them may apply to the public

utilities board to establish the terms of an agreement between them.

(2) Where an application is made to the public

utilities board under subsection (1), the board shall establish the terms of an

agreement for the purpose of achieving the policy objective set out in subparagraph

3(b )( i).

(3) An agreement established by the public

utilities board under subsection (2) is binding on the persons named in the

agreement.

Amendments to an

agreement

5.6

(1) An agreement approved by the public utilities board under subsection 5.4(3) or

established under subsection 5.5(2) may not be amended by the persons to whom

the agreement applies without the prior approval of the public utilities board.

(2) The public utilities board may require

reporting commitments, and impose monitoring requirements, as it considers

appropriate, to ensure that the persons to an agreement approved by the public

utilities board under subsection 5.4(3) or established under subsection 5.5(2)

(3) Where the public utilities board believes that

one or more of the persons to an agreement approved by the board under subsection

5.4(3) or established under subsection 5.5(2) has failed to comply with the

independent of any of the rights or remedies available to the persons to the agreement,

(

a) order the defaulting person to comply with the

(

b) exercise a contractual remedy that may be

available to a person who is a party to the agreement as if it were a party to

the agreement.

Provision of an

agreement void

5.7 A

provision of an agreement referred to in

section 5.4 or 5.5 shall not adversely

affect a provision of a contract for the supply of power entered into by a

person bound by the agreement and a third party that was entered into before

the agreement under

section 5.4 or 5.5 was entered into or established, or a

renewal of that contract.

Section 32 of the Act is amended by adding

immediately after paragraph (

b) the following:

(b.1) respecting the criteria and required terms and

conditions for an agreement under sections 5.4 or 5.5, and another matter

required to carry out the intent and purpose of an agreement under

section 5.4 or

5.5;

Commencement

3. This Act or a

section or subsection of this Act

comes into force on a day to be proclaimed by the Lieutenant-Governor in

Council.

Earl G. Tucker, Queen's Printer