Second

Session, 50th General Assembly

Charles III, 2023

BILL 34

AN ACT TO AMEND THE

ELECTRICAL POWER CONTROL ACT, 1994 AND THE PUBLIC UTILITIES ACT

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HOGAN, KC

Minister of Justice

and Public Safety and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

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

expand the power policy of the

province;

allow the Lieutenant-Governor

in Council to direct the public utilities board to hold an in-person hearing in

relation to a matter before the public utilities board;

clarify that an exemption order

under the Act is subordinate legislation;

replace the reference

"Trial Division" with the reference "Supreme Court"; and

incorporate gender-neutral

language.

This Bill would amend the Public Utilities Act to

remove references to services

related to water and sewage from the definition of "public utility"

and from other provisions of the Act;

add

definitions for

"minister" and "temporary commissioner";

clarify that an exemption order

under the Act is subordinate legislation;

increase the maximum number of

full-time commissioners that may be appointed to the public utilities board;

decrease the term of full-time

commissioners;

allow full-time commissioners

to be appointed for 2 additional terms;

allow a commissioner whose term

expires to continue unfinished matters before the panel;

allow the appointment of

temporary commissioners;

establish the terms on which a temporary

commissioner may be appointed;

allow the amounts for

construction, purchases or leases by a public utility that require approval of

the board to be prescribed in regulations;

clarify that the public

utilities board may relieve a public utility from the requirement to supply

electrical power to one customer or a group of customers;

replace the reference

"Trial Division" with the reference "Supreme Court";

replace the reference "power

company" with the reference "public utility";

replace the reference "

Summary Proceedings Act " with the

reference " Provincial Offences Act ";

add regulation making

authority; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE ELECTRICAL POWER CONTROL ACT, 1994 AND THE

PUBLIC UTILITIES ACT

Analysis

ELECTRICAL

POWER CONTROL ACT, 1994

S.3 Amdt.

Power policy

S.5.1 Amdt.

Direction to board

S.5.2 Amdt.

Exemption

S.14.1 Amdt.

Exclusive right to supply, transmit, distribute and sell

S.19 Amdt.

No liability for compliance with order

S.21 Amdt.

Emergency controller unable to act

S.22 Amdt.

Essential employees

S.25 Amdt.

Enforcement

S.27 Amdt.

Powers of board

PUBLIC

UTILITIES ACT

S.2 Amdt.

Definitions

S.4.1 Amdt.

Exemption

S.6 Amdt.

Appointment of board of commissioners and staff

S.6.01 Added

Temporary commissioners

S.7 Amdt.

Restrictions

S.8 Amdt.

Interim commissioner

S.9 R&S

When commissioner not disqualified

S.10 Amdt.

Powers of vice-chairperson

S.15 Amdt.

Budget

S.24 Amdt.

Delegation of powers

S.28 Amdt.

Guarantee of loans

S.41 Amdt.

Capital budget of public utility

S.47 Amdt.

Appeal

S.54 Amdt.

Duty of public utility to supply electrical energy

S.55 R&S

Board may order public utility to supply electrical energy

S.60 Amdt.

Inspection of records

S.63 Amdt.

Power to compel attendance

S.77 Amdt.

Incidental sale of services to public

S.81 Rep.

Rate base in respect of water and sewage system

S.93 Amdt.

Powers of commissioners

S.96 Amdt.

Evidence taken as in Supreme Court

S.98 Amdt.

Obligation to testify

S.103 Amdt.

Contravention of order of board

S.106 Amdt.

Prohibition against accepting unauthorized compensation

S.109 Amdt.

Penalty for failure to complete forms

S.113 Amdt.

Enforcement of penalties

S.115 Amdt.

Establishment of pension scheme for commissioners

S.120 Amdt.

Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

ELECTRICAL POWER CONTROL ACT, 1994

SNL1994 cE-5.1

as amended

1. Subparagraph 3(b)(iii) of the Electrical Power Control Act, 1994 is repealed

and the following substituted:

(iii) that would result in

power being delivered to consumers in the province at the lowest possible cost,

in an environmentally responsible manner, consistent with reliable service,

(1) Subsection 5.1(1) of the Act is repealed

and the following substituted:

5.1

(1) Notwithstanding sections 3 and 4 and the provisions

of the Public Utilities Act, the

Lieutenant-Governor in Council may direct the public utilities board

(

a) respecting the

policies and procedures to be implemented by the board respecting the

determination of rate structures of public utilities under the Public

Utilities Act , including direction on

(

i) the setting and

subsidization of rural rates,

(ii) the setting of

industrial rates in Labrador,

(iii) the fixing of a

debt-equity ratio for Hydro, and

(iv) the phase in, over a

period of years from the date of coming into force of this section, of a rate

of return determination for Hydro; and

(

b) to hold an in-person hearing.

(2) Section 5.1 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) The public utilities

board shall comply with the direction of the Lieutenant-Governor in Council

under subsection (1).

(1) Subsection 5.2(1) of the Act is amended by

deleting the words "may exempt" and substituting the words "may,

by order, exempt".

(2) Section 5.2 of the Act is amended by adding

immediately after subsection (3) the following:

(4) An

order made under subsection (1) is subordinate legislation for the purpose of

the Statutes and Subordinate Legislation Act.

Section 14.1 of the Act is amended by adding

immediately after subsection (7) the following:

(8) An

order made under subsection (7) is subordinate legislation for the purpose of

the Statutes and Subordinate Legislation Act.

Section 19 of the Act is amended by deleting

the words "his or her" and substituting the words "the

guarantor's".

Section 21 of the Act is amended by deleting

the words "his or her" and substituting the words "the emergency

controller's".

7. Subsection 22(13) of the Act is amended by

deleting the words "he or she" and substituting the words "the

employee".

8. Subsection 25(6) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

9. Subsection 27(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

member's".

PUBLIC UTILITIES ACT

RSNL1990 cP-47

as amended

10. (1) Subsection 2(1) of the Public Utilities Act is amended by adding immediately after

paragraph (

d) the following:

(d.1) "minister" means, unless the context

indicates otherwise, the minister

appointed under the Executive Council Act

to administer this Act ;

(2) Paragraph 2(1)(

h) of the Act is repealed and

the following substituted:

(h) "public utility" means a person that owns, operates, manages or controls

structures, equipment or facilities in the province for the production,

generation, storage, transmission, delivery or provision of electric power,

energy, water or heat, directly or indirectly, to or for the public or a

corporation for compensation;

(3) Subsection 2(1) of the Act is amended by

adding immediately after paragraph (

k) the following:

(k.1) "temporary commissioner" means a

member of the board appointed under subsection 6.01(1);

(1) Subsection 4.1(1) of the Act is amended by

deleting the words "may exempt" and substituting the words "may,

by order, exempt".

(2) Section 4.1 of the Act is amended by adding

immediately after subsection (4) the following:

(5) An

order made under subsection (1) is subordinate legislation for the purpose of

the Statutes and Subordinate Legislation Act.

12. (1) Subsection 6(2) of the Act is repealed and

the following substituted:

(2) The board shall

consist of not less than 4 and not more than 6 full-time commissioners

appointed by the Lieutenant-Governor in Council.

(2) Subsections 6(9) and (10) of the Act are

repealed and the following substituted:

(9) Each commissioner

shall be appointed for a term of 7 years to hold office during good behaviour.

(10) A commissioner is

eligible to be reappointed for 2 additional terms of 5 years.

(3) Section 6 of the Act is amended by adding

immediately after subsection (10) the following:

(10.1) Where a panel has begun to consider, review,

hear and decide on an application to the board or matter that is referred to it

and the term of a commissioner on the panel expires before the application or

matter is decided, the appointment of that commissioner shall, for the purpose

of deciding on the application or matter, be considered to have been extended

and the commissioner continues to have all the powers conferred by this Act to

consider, review, hear and decide on the application or matter.

(4) Subsection 6(13) of the Act is amended by

deleting the words "its or his or her".

(5) Section 6 of the Act is amended by adding

after subsection (13) the following:

(14) Notwithstanding subsections (9) and (10), a

person who was a commissioner immediately before the coming into force of this

subsection

(

a) shall continue as a commissioner for the

remainder of the term for which the commissioner was appointed or reappointed;

and

(

b) may be reappointed in accordance with

subsection (10) where the commissioner is in the first term of the

commissioner's appointment.

13. The Act is amended by adding immediately after

section 6 the following:

Temporary commissioners

6.01

(1) Notwithstanding subsection 6(2), the chairperson may appoint one or more persons,

approved by the minister, as temporary commissioners where in the opinion of

the chairperson it is necessary or desirable for the proper and expeditious

performance of the board's duties.

(2) In making

appointments under subsection (1) the chairperson shall take into consideration

the need of the board to be composed of commissioners who have expertise in

law, engineering, accountancy or finance.

(3) A temporary commissioner shall be appointed

(

a) for a term of up to 6 months; and

minister.

(4) A temporary commissioner may be reappointed

but shall not be appointed more than twice in any 2-year period.

(5) A temporary commissioner shall have the same

powers, duties, protections and obligations as a commissioner appointed under

subsection 6(2).

(6) The remuneration of a temporary commissioner shall

be set by the chairperson with the approval of the minister.

Section 7 of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the commissioner's";

(

b) deleting the words "he or she" and

substituting the words "the commissioner"; and

(

c) deleting the words "himself or herself of".

Section 8 of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the commissioner's"; and

(

b) deleting the words "he or she"

wherever they appear and substituting the words "the person".

Section 9 of the Act is repealed and the

following substituted:

When commissioner

not disqualified

9. A commissioner is not disqualified from acting

in a matter affecting a public utility because of being the purchaser of power

or electric current or service for the commissioner's own personal use from a

public utility.

17. (1) Subsection 10(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

chairperson".

(2) Subsection 10(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

vice-chairperson".

Section 15 of the Act is amended by deleting

the words "Minister of Justice" wherever they appear and substituting

the word "minister".

Section 24 of the Act is amended by

(

a) deleting the number "1" and

substituting the word "one"; and

(

b) deleting the words "he or she" and

substituting the words "the commissioner".

20. Subsection 28(3) of the Act is amended by

deleting the words "Minister of Justice" and substituting the word

"minister".

21. Subsection 41(3) of the Act is repealed and the

following substituted:

(3) A public utility

shall not proceed with the construction, purchase or lease of improvements or

additions to its property without the prior approval of the board where

(

a) the cost of the

construction or purchase is in excess of the amount prescribed in the

regulations; or

(

b) the cost of the lease

over the expected life of the lease is in excess of the amount prescribed in

the regulations.

Section 47 of the Act is amended by deleting

the words "his or her" and substituting the words "the

customer's".

23. (1) Subsection 54(1) of the Act is repealed and

the following substituted:

Duty of public

utility to supply electrical energy

(1) A public utility shall supply electrical energy to premises

situated within 100 metres of a transmission line, main supply-wire or cable

suitable for that purpose, on being required by the owner or occupier of the

premises to do so.

(2) Subsections 54(2) and (3) of the Act are

amended by deleting the words "power company" wherever they appear

and substituting the words "public utility".

(3) Subsection 54(4) of the Act is repealed and

the following substituted:

(4) Notwithstanding

any provision of this Act or the Electrical

Power Control Act, 1994 , the board may, for good cause and after hearing the interested parties, relieve a public utility from the statutory

and to be in the public interest.

Section 55 of the Act is repealed and the

following substituted:

Board may order

public utility to supply electrical energy

(1) Upon the application of a person whose premises are

situated at a greater distance than 100 metres from a transmission-line, main

supply-wire or cable suitable for that purpose, and who wishes to be supplied

with electrical energy by the public utility controlling or operating the

transmission-line, supply-wire or cable, the board may order the public utility

to supply, within the time that the board may direct, the electrical energy required

by that person.

(2) Where the board

makes an order under subsection (1), the board may also direct the public

utility to make the extensions and install the equipment and apparatus that may

the board may direct.

(3) A term and condition

referred to in subsection (2) may include, where the board determines it is

advisable, provision for the cost or a portion of the cost of the extension,

equipment, or apparatus to be borne by the person requiring the electrical

energy.

25. Subsection 60(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

Section 63 of the Act is amended by

(

a) deleting the words "Trial Division"

and substituting the words "Supreme Court"; and

(

b) deleting the words "he or she" and

substituting the words "the witness".

Section 77 of the Act is amended by deleting

the words "or water" wherever they appear.

Section 81 of the Act is repealed.

29. Subsection 93(2) of the Act is amended by

deleting the words "Trial Division" wherever they appear and

substituting the words "Supreme Court".

Section 96 of the Act is amended by deleting

the words "Trial Division" and substituting the words "Supreme

Court".

Section 98 of the Act is amended by deleting

the words "him or her" and substituting the words "the

person".

Section 103 of the Act is amended by deleting

the words "he or she" wherever they appear and substituting the words

"the person".

Section 106 of the Act is amended by

(

a) deleting the comma after the word

"light"; and

(

b) deleting the word "water".

34. Subsection 109(1) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the officer, agent or employee"; and

(

b) deleting the words "his or her" and

substituting the words "the officer's, agent's or employee's".

35. Paragraph 113(1)(

b) of the Act is amended by

deleting the words "

Summary

Proceedings Act " and substituting the words " Provincial Offences Act ".

36. Paragraph 115(4)(

a) of the Act is amended by

deleting the words "him or her" and substituting the words "the

commissioner".

Section 120 of the Act is amended by deleting

the word "and" at the end of paragraph (d), deleting the period at

the end of paragraph (

e) and substituting a semi-colon and the word

"and" and by adding immediately after paragraph (

e) the following:

(

f) prescribing amounts for the purposes of

subsection 41(3);

(

g) defining a word or expression

used but not defined in this Act; and

(

h) generally to give

effect to the purpose of this Act.

King's Printer