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Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2006


CHAPTER 24

AN ACT TO AMEND THE PUBLIC UTILITIES ACT

(Assented to May 26, 2006)

Analysis


        1.   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

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 Section 6 of the Public Utilities Act is repealed and the following substituted:

Appointment of board of commissioners and staff

        6. (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 the terms and conditions of the appointment of a commissioner.

             (6)  The board shall appoint a board secretary and shall set the terms and conditions of the appointment.

             (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

        3. (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.