First

Session, 50th General Assembly

Elizabeth II, 2021

BILL 9

AN ACT TO AMEND THE

ENERGY CORPORATION ACT AND THE HYDRO CORPORATION ACT, 2007

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE ANDREW

PARSONS, Q.C.

Minister of Industry,

Energy and Technology

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Energy Corporation Act and the Hydro Corporation Act, 2007 .

The Energy

Corporation Act would be amended to

clarify that the objects of the

corporation are to be carried out in accordance with the priorities of the

government of the province;

allow the Lieutenant-Governor

in Council to give direction to the board relating to matters of remuneration

and terms of service and require the board to comply with the direction;

provide immunity from an action

or proceeding arising from direction given to the board relating to matters of

remuneration and terms of service; and

state that direction given to

the board relating to matters of remuneration and terms of service does not

constitute constructive dismissal or a breach of contract and that a person

affected by direction given to the board is not entitled to compensation for

any loss or damages arising from that direction.

The Hydro

Corporation Act, 2007 would be amended to

allow the Lieutenant-Governor

in Council to give direction to the board relating to matters of remuneration

and terms of service and require the board to comply with the direction.

provide immunity from an action

or proceeding arising from any direction given to the board relating to matters

of remuneration and terms of service; and

state that direction given to

the board relating to matters of remuneration and terms of service does not

constitute constructive dismissal or a breach of contract and that a person

affected by direction given to the board is not entitled to compensation for

any loss or damages arising from that direction.

A BILL

AN ACT TO AMEND THE ENERGY CORPORATION ACT

AND THE HYDRO CORPORATION ACT, 2007

Analysis

ENERGY

CORPORATION ACT

S.5 Amdt.

Objects

of the corporation

Ss.12.1 & 12.2 Added

12.1 Shareholder direction

12.2 No constructive

dismissal

or breach of

contract

Ss.34.2 to 34.4 Added

34.2 No

cause of action

34.3 No entitlement to

compensation

34.4 No deemed employ-

ment

relationship

HYDRO

CORPORATION ACT, 2007

Ss.11.1 & 11.2 Added

11.1 Shareholder direction

11.2 No constructive

dismissal

or breach of

contract

Ss.36.1 to 36.3 Added

36.1 No

cause of action

36.2 No entitlement to

compensation

36.3 No deemed employ-

ment

relationship

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

ENERGY CORPORATION ACT

SNL2007 cE-11.01

as amended

1. Subsection 5(1) of the Energy Corporation Act is repealed and the following substituted:

Objects of the

corporation

(1) The corporation is responsible for investing in,

engaging in and carrying out the following activities in all areas of the

energy sector in the province and elsewhere, in accordance with the priorities

of the government of the province:

(

a) the development,

generation, production, transmission, distribution, delivery, supply, sale,

export, purchase and use of power from wind, water, steam, gas, coal, oil,

hydrogen or other products used or useful in the production of power;

(

b) the exploration for,

development, production, refining, marketing and transportation of hydrocarbons

and products from hydrocarbons;

(

c) the manufacture,

production, distribution and sale of energy related products and services; and

(

d) research and

development.

2. The Act is amended by adding immediately after

section 12 the following:

Shareholder

direction

12.1

(1) Notwithstanding

the board's authority to fix the remuneration and terms of service for persons

appointed under subsection 12(1), the Lieutenant-Governor in Council may give

direction to the board under subsection 245(2) of the Corporations Act relating to matters of remuneration and terms of

service.

(2) Subsection (1) does not apply to persons

appointed under subsection 12(1) who are represented by a bargaining agent

certified or recognized under

an Act of the province.

(3) Where the Lieutenant-Governor in Council gives

direction to the board in accordance with subsection (1), the board shall

comply with the direction.

No constructive

dismissal or breach of contract

12.2. A change in a person's remuneration or

terms of service made in accordance with direction given in accordance with

section 12.1 does not constitute constructive dismissal or a breach of

contract.

3. The Act is amended by adding immediately after

section 34.1 the following:

No cause of

action

34.2

(1) A cause of action or proceeding, either in

law or in equity, does not lie or shall not be commenced against the Crown or

any of its ministers, agents, appointees or employees or against the

corporation and its subsidiaries, or any of its directors, board members, officers

or employees of the corporation and its subsidiaries as a direct or indirect

result of anything done or omitted to be done in order to comply with direction

given in accordance with

section 12.1, including any change in remuneration or

terms of service.

(2) Subsection (1) applies to an action or proceeding in contract, restitution,

tort, trust, fiduciary obligation or otherwise claiming any remedy or relief,

including

(

a) specific performance, injunction or declaratory relief; and

(

b) any form of damages or a claim to be compensated for any direct or indirect

loss, including loss of earnings, loss of revenue or loss of profit.

No entitlement to

compensation

34.3 Notwithstanding any other Act or law, a

person is not entitled to be compensated for any loss or damages, including

loss of expected earnings or denial or reduction of compensation that would

otherwise have been payable to any person, arising from direction given in

accordance with

section 12.1.

No deemed

employment relationship

34.4 Nothing in this Act makes

(

a) a subsidiary of the corporation a Crown agent if the subsidiary was not

otherwise a crown agent; or

(

b) an employee of the corporation or a subsidiary of the corporation an

employee of the Crown where the employee was not otherwise an employee of the

Crown.

HYDRO CORPORATION ACT, 2007

SNL2007 cH-17

as amended

4. The Hydro

Corporation Act, 2007 is amended by adding immediately after

section 11 the

following:

Shareholder

direction

11.1

(1) Notwithstanding the board's authority to fix the remuneration and terms of

service for persons appointed under subsection 11(1), the Lieutenant-Governor

in Council may give direction to the board under subsection 39(3) of this Act and subsection 245(2) of the Corporations

Act relating to matters of remuneration and terms of service.

(2) Subsection (1) does not apply to persons

appointed under subsection 11(1) who are represented by a bargaining agent

certified or recognized under

an Act of the province.

(3) Where the Lieutenant-Governor in Council gives

direction to the board in accordance with subsection (1), the board shall

comply with the direction.

No constructive

dismissal or breach of contract

11.2. A change in a person's remuneration or

terms of service made in accordance with direction given in accordance with

section 11.1 does not constitute constructive dismissal or a breach of

contract.

5. The Act is amended by adding immediately after

section 36 the following:

No cause of

action

36.1.

(1) A cause of action or proceeding, either in

law or in equity, does not lie or shall not be commenced against the Crown or

any of its ministers, agents, appointees or employees or against the

corporation and its subsidiaries, or any of its directors, board members,

officers or employees of the corporation and its subsidiaries as a direct or

indirect result of anything done or omitted to be done in order to comply with direction

given in accordance with

section 11.1, including any change in remuneration or

terms of service.

(2) Subsection (1) applies to an action or proceeding in contract, restitution,

tort, trust, fiduciary obligation or otherwise claiming any remedy or relief,

including

(

a) specific performance, injunction or declaratory relief; and

(

b) any form of damages or a claim to be compensated for any direct or indirect

loss, including loss of earnings, loss of revenue or loss of profit.

No entitlement to

compensation

36.2 Notwithstanding any other Act or law, a

person is not entitled to be compensated for any loss or damages, including

loss of expected earnings or denial or reduction of compensation that would

otherwise have been payable to any person, arising from direction given in

accordance with

section 11.1.

No deemed

employment relationship

36.3 Nothing in this Act makes

(

a) a subsidiary of the corporation a Crown agent if the subsidiary was not

otherwise a crown agent; or

(

b) an employee of the corporation or a subsidiary of the corporation an

employee of the Crown where the employee was not otherwise an employee of the

Crown.

Queen's Printer