|
|
9 |
|
|
|
|
First
Session, 50th General Assembly 70 Elizabeth II, 2021 |
|
|
|
|
|
AN ACT TO AMEND THE
ENERGY CORPORATION ACT AND THE HYDRO CORPORATION ACT, 2007 |
|
|
Received and Read the First Time................................................................ |
|
|
Second
|
|
|
Committee..................................................................................................... |
|
|
Third
|
|
|
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 1. S.5 Amdt. Objects of the corporation 2.
Ss.12.1 & 12.2 Added dismissal or breach of contract 3. Ss.34.2 to 34.4 Added 34.2 No cause of action 34.3 No entitlement to compensation ment relationship HYDRO CORPORATION ACT, 2007 4.
Ss.11.1 & 11.2 Added dismissal or breach of contract 5. Ss.36.1 to 36.3 Added 36.1 No cause of action 36.2 No entitlement to compensation 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 1. Subsection 5(1) of the Energy Corporation Act is repealed and the following substituted: Objects of the corporation 5. (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 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 |