Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 26

AN ACT TO AMEND THE

PUBLIC UTILITIES ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

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

HONOURABLE

THOMAS W. MARSHALL ,

Minister

of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Public Utilities Act to change the structure

of the public utilities board from one consisting of full-time and part-time

members to one consisting of full-time members only.

The Bill would also amend the Act to

more fully set out the duties and powers of the chairperson of the board as its

chief executive officer.

The Bill would also provide clarity

as to the effect of the amendments on existing commissioners.

A BILL

AN ACT TO AMEND THE PUBLIC UTILITIES ACT

Analysis

S.6 R&S

Appointment of commissioners and staff

2. S.6.1 Added

Powers and duties of chairperson and chief executive officer

3. Transitional

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cP-47

as amended

Section 6 of the Public Utilities Act is repealed and the following substituted:

Appointment of

board of commissioners and staff

(1) The

corporation known as the Board of Commissioners of Public Utilities is

continued.

(2) The board shall consist of 4 full-time

commissioners appointed by the Lieutenant-Governor in Council.

(3) In making appointments under subsection

(2) the Lieutenant-Governor in Council shall take into consideration the need of

the board to be composed of commissioners who have expertise in law, engineering,

accountancy or finance.

(4) The Lieutenant-Governor in Council shall

designate one of the commissioners as chairperson, and another as

vice-chairperson.

(5) The Lieutenant-Governor in Council shall set

(6) The board shall appoint a board secretary and

(7) The board secretary shall keep a full record

of the proceedings of the board and serve the notices and perform the duties

that the board may require.

(8) The commissioners and the board secretary

shall be sworn or affirmed to the faithful performance of the duties of their

respective offices before entering upon the discharge of those duties.

(9) Each commissioner shall be appointed for a

term of 10 years to hold office during good behaviour.

(10) A commissioner is eligible to be appointed for

a second term of 10 years.

(11) Unless otherwise directed by the Lieutenant-Governor

in Council, a commissioner shall cease to hold office upon reaching the age of

70 years.

(12) The board may employ legal counsel,

accountants, engineers, stenographers or other persons that it may require or

consider advisable for the purpose of carrying out this Act, and the wages, salaries

or compensation of those persons shall be paid by the board and shall form part

of the annual expenses of the board.

(13) An

action or other proceeding does not lie against the board or a member, officer

or employee of the board for anything done or omitted to be done in good faith

in the course of carrying out its or his or her duties under this Act.

2. The Act is amended by adding immediately after

section 6 the following:

Powers and duties

of chairperson and chief executive officer

6.1

(1) The

chairperson shall be the chief executive officer of the board and shall have

full authority for the overall operation, management and financial

administration of the board.

(2) The chairperson shall supervise and direct the

work of the commissioners and the staff of the board.

(3) The chairperson shall manage and plan the

conduct of applications to the board and matters referred to it including the appointment

of commissioners to panels of the board and the referral of applications and

matters to a panel.

Transitional

(1) Notwithstanding subsections 6(9) and

(10) as enacted by this Act, a full-time commissioner holding office on the day

section 6 as enacted by this Act comes into force shall hold office during good

behaviour and unless otherwise directed by the Lieutenant-Governor in Council

shall cease to hold office upon reaching the age of 70 years.

(2) A part-time commissioner whose term of office

has not expired on the coming into force of this Act shall cease to hold office

on the coming into force of this Act.

Earl G. Tucker, Queen's Printer