Statutes of Newfoundland and Labrador 2023 Chapter 10

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 Subparagraph 3(b)(iii) of the Electrical Power Control Act, 1994 is repealed and the following substituted: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,

2. (1) Subsection 5.1(1) of the Act is repealed and the following substituted: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).

3. (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.

4. 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.

5. Section 19 of the Act is amended by deleting the words "his or her" and substituting the words "the guarantor's".

6. 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);

11. (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

(b) on terms and conditions approved by the 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.

14. 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

15. 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".

16. 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".

18. Section 15 of the Act is amended by deleting the words "Minister of Justice" wherever they appear and substituting the word "minister".

19. 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.

22. 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

54. (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 obligation to supply electrical energy to a customer or group of customers on the terms and conditions that the board considers to be appropriate and to be in the public interest.

24. Section 55 of the Act is repealed and the following substituted:

Board may order public utility to supply electrical energy

55. (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 be necessary to supply the electrical energy on the terms and conditions that 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".

26. 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".

27. Section 77 of the Act is amended by deleting the words "or water" wherever they appear.

28. 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".

30. Section 96 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

31. Section 98 of the Act is amended by deleting the words "him or her" and substituting the words "the person".

32. Section 103 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

33. 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".

37. 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.