BILL 47

An Act Respecting the Energy Sector Consumer Advocate

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

Energy and Utilities Board Act

1( 1) Section 1 of the Energy and Utilities Board Act, chapter E-9.18 of the Acts of New Brunswick, 2006, is amended

(a)  by repealing the definition “Public Intervener”;

(b)  by adding the following definition in alphabetical order:

“Consumer Advocate” means the Energy Sector Consumer Advocate appointed under section 3 of the Energy Sector Consumer Advocate Act. (défenseur)

1( 2) Subsection 23(1) of the Act is amended by adding before paragraph (a) the following:

(0.a)  the Energy Sector Consumer Advocate Act,

1( 3) Subsection 27.1(1) of the Act is amended by adding after paragraph (h.2) the following:

(h.3)  any question or complaint referred to the Board under the Energy Sector Consumer Advocate Act,

1( 4) Section 47.1 of the Act is amended

(a)  in subsection (1) by striking out “the Public Intervener” and substituting “the Consumer Advocate”;

(b)  in paragraph (3)(b) by striking out “the Public Intervener” and substituting “the Consumer Advocate”.

1( 5) The heading “Notification to Public Intervener” preceding section 49 of the Act is repealed and the following is substituted:

Notification to Consumer Advocate

1( 6) Section 49 of the Act is amended

(a)  in subsection (1) by striking out “the Public Intervener” and substituting “the Consumer Advocate”;

(b)  in subsection (2) by striking out “the Public Intervener” and substituting “the Consumer Advocate”;

(c)  by repealing subsection (3) and substituting the following:

49( 3) With respect to those matters within the jurisdiction of the Consumer Advocate under the Energy Sector Consumer Advocate Act, the Consumer Advocate shall be deemed to be a party to all proceedings before the Board, regardless of whether the Consumer Advocate has notified the Board of the Consumer Advocate’s intention to intervene.

1( 7) Subsection 54(2) of the Act is amended

(a)  in paragraph (a) of the English version by striking out “and” at the end of the paragraph;

(b)  in paragraph (b) by striking out the period at the end of the paragraph and substituting “, and”;

(c)  by adding after paragraph (b) the following:

(c)  order and require any person to pay to any other person, immediately, or within or at any specified time and in any manner it may determine, an amount the Board determines.

Gas Distribution Act, 1999

2 Subsection 71(4) of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended

(a)  in the portion preceding paragraph a) of the French version by striking out “peut” and substituting “peut faire ce qui suit :”;

(b)  in paragraph (a) by striking out “; and” at the end of the paragraph and substituting a semicolon;

(c)  in paragraph (b) by striking out the period at the end of the paragraph and substituting “; and”;

(d)  by adding after paragraph (b) the following:

(c)  order and require any person to pay to any other person, immediately, or within or at any specified time and in any manner it may determine, an amount the Board determines.

Electricity Act

3( 1) The Electricity Act, chapter 7 of the Acts of New Brunswick, 2013, is amended by adding the following after section 50:

Supervision over the relationship the Corporation has with its customers

50.01( 1) Subject to subsection (2), the Board has general supervision over the relationship the Corporation has with its consumers and may inquire into, hear and determine any question or complaint in the following situations:

(a)  when a question or complaint is submitted to the Board respecting any consumer-related policy of the Corporation;

(b)  when a question or complaint is submitted to the Board respecting any action or inaction of the Corporation that affects the interests or rights of consumers;

(c)  when, in the opinion of the Board, the interests or rights of consumers require it in the circumstances to make any order or give any direction, leave or approval concerning any matter, act or thing that is prohibited or required to be done by a consumer-related policy of the Corporation or when any other question or complaint affects the interests or rights of consumers; and

(d)  any other situation prescribed by regulation.

50.01( 2) Subsection (1) does not apply to matters within the Board’s jurisdiction under any other provision of this Act or its regulations or to any other matters prescribed by regulation.

50.01( 3) The Board may

(a)  order and require the Corporation to repeal or replace, immediately, or within or at any specified time and in any manner it determines, consumer-related policies of the Corporation,

(b)  order and require the Corporation to do anything required by consumer-related policies of the Corporation, immediately, or within or at any specified time and in any manner it determines,

(c)  forbid the Corporation from doing any act or continuing to do any act that is contrary to consumer-related policies of the Corporation,

(d)  order and require the Corporation to develop and adopt, immediately, or within or at any specified time and in any manner it may determine, a consumer-related policy,

(e)  order and require the payment from any person any amount required by the Board, immediately, or within or at any specified time and in any manner it may determine,

(f)  make any direction, leave or approval that by law it is authorized to make or give relating to anything that is prohibited or required to be done by a consumer-related policy of the Corporation, and

(g)  make any other order respecting consumers that the Board considers appropriate on the terms the Board determines.

50.01( 4) The Board may of its own motion inquire into, hear and determine any question or complaint within the Board’s jurisdiction under this section and may, at the discretion of the Board, refuse to inquire into, hear and determine any question or complaint submitted to it.

50.01( 5) Subject to subsection (6), the consumer-related policies of the Corporation that are filed with Board before April 1, 2027, and that are in force on that date are deemed to be approved by the Board.

50.01( 6) On the recommendation of the Minister, the Lieutenant-Governor in Council may, by regulation, extend the date referred to in subsection (5).

Approval of the Board required

50.2 The Corporation shall not adopt a consumer-related policy or make any changes to a consumer-related policy after April 1, 2027, or after the date referred to in subsection 50.01(6), whichever is later, unless it has been approved by the Board.

3( 2) Subsection 142(1) of the Act is amended by adding after paragraph (e.01) the following:

(e.02)  for the purposes of paragraph 50.01(1)(d), prescribing the situations in which the Board may inquire into, hear or determine a question or complaint;

(e.03)  for the purposes of subsection 50.01(2), prescribing the matters that the Board may not inquire into, hear or determine;

(e.04)  prescribing a date for the purposes of subsection 50.01(6);

Petroleum Products Pricing Act

4( 1) Section 1 of the Petroleum Products Pricing Act, chapter P-8.05 of the Acts of New Brunswick, 2006, is amended by adding the following definition in alphabetical order:

“Consumer Advocate” means the Energy Sector Consumer Advocate appointed under section 3 of the Energy Sector Consumer Advocate Act. (défenseur)

4( 2) Subsection 21(2) of the Act is repealed and the following is substituted:

21( 2) If, following an investigation, the Board believes that a wholesaler or retailer has charged or is charging a price for a type of petroleum product that exceeds the maximum price set by the Board for that petroleum product, or has charged or is charging in excess of the maximum delivery costs or the maximum full service charge set by the Board, the Board shall order the wholesaler or retailer to sell or offer for sale the type of petroleum product at a price that does not exceed the price set by the Board or require that the delivery costs or the full service charge being charged by a wholesaler or retailer, as the case may be, does not exceed the delivery costs or the full service charge set by the Board, and may order the wholesaler or retailer, immediately, or within or at any specified time and in any manner the Board determines, to reimburse any person who was charged a price by the wholesaler or retailer that exceeded the maximum price set by the Board for the type of petroleum product or any person who was charged a price by the wholesaler or retailer that exceeded the maximum delivery costs or the maximum full service charge set by the Board.

4( 3) Section 26 of the Act is amended

(a)  in paragraph (1)a) of the French version by striking out “défrayer” and substituting “décharger”;

(b)  by repealing paragraph (1)(b) and substituting the following:

(b)  defraying the expenses incurred by the Consumer Advocate as a result of a review conducted by the Board under section 14.

(c)  in paragraph (4)(c) of the Act by striking out “by the Public Intervener for the Energy Sector as a result of a review conducted by the Board under subsection 14(1)” substituting “by the Consumer Advocate as a result of a review conducted by the Board under section 14”.

Commencement

5 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.