The following definitions apply in this Act.
“Mactaquac Life Achievement Project” means the construction projects undertaken for the rehabilitation of the Mactaquac Generating Station. (projet d’atteinte de durée de vie utile de la centrale de Mactaquac)
“major project” means a major project as defined in the Industrial Relations Act.(projet majeur)
Subject to subsection (2) and despite section 83 of the Construction Remedies Act, a contract in relation to the Mactaquac Life Achievement Project is exempt from the requirement under the Construction Remedies Act for a contractor to provide to the owner a labour and material payment bond and a performance bond.
The exemption in subsection (1) applies only if the New Brunswick Power Corporation’s Board of Directors approves alternate security to be provided by a contractor to the owner, including the form and amount of any alternate security to be provided.
Despite subsection 34(4) of the Construction Remedies Act, in the case of a contract referred to in subsection (1), the percentage referred to in subsections 34(1), (2) and (3) of that Act shall be read as 5%.
The Mactaquac Life Achievement Project is a non-routine capital project, and the procurement of goods, services and construction services related to the Mactaquac Life Achievement Project is exempt from the provisions of the Procurement Act and the regulations under that Act.
Subject to subsections (2) and (3) and despite section 46 of the Electricity Act, the New Brunswick Power Corporation is exempt from the requirement to pay annually to the Minister of Finance and Treasury Board fees in respect of
(a) sums advanced or applied under subsection 44(1) of the Electricity Act in respect of the Mactaquac Life Achievement Project, and
(b) guarantees given under subsection 44(4) of the Electricity Act in respect of the Mactaquac Life Achievement Project.
The exemption in paragraph (1)(a) applies only
(a) if the sums advanced or applied are by way of a loan from the Government of Canada or a federal Crown corporation, including the Canada Infrastructure Bank (CIB), and
(b) the Minister of Finance and Treasury Board approves the exemption.
The exemption in paragraph (1)(b) applies only if the Minister of Finance and Treasury Board approves the exemption.
Subject to subsection (3) and despite sections 51.1, 51.11, 51.2 and 51.21 of the Industrial Relations Act, the Mactaquac Life Achievement Project is designated as a major project for the purposes of that Act.
The geographic area of the Mactaquac Life Achievement Project is described in Schedule A.
The following work carried out within the geographic area referred to in subsection (2) is excluded from the major project designation:
(a) work that is not related to the Mactaquac Life Achievement Project; and
(b) work carried out by the New Brunswick Power Corporation.
A reference to “the commencement of a regulation” or to “the commencement of the regulation” in subsections 51.3(1) and (2) of the Industrial Relations Act shall with respect to the Mactacquac Life Achievement Project be read as “the commencement of section 5 of the Mactaquac Life Achievement Project Act”.
A reference to “the geographic area described in the regulation” in subsections 51.5(1) and (2) of the Industrial Relations Act shall with respect to the Mactacquac Life Achievement Project be read as “the geographic area described in Schedule A of the Mactaquac Life Achievement Project Act”.
The Lieutenant-Governor in Council may make an order revoking in whole or in part the designation of the Mactaquac Life Achievement Project as a major project.
Despite section 51.8 of the Industrial Relations Act, when the designation of the Mactacquac Life Achievement Project as a major project is revoked in whole or in part by an order under subsection (1), the employer, the employers’ organization or the accredited employers’ organization and the trade union or the council of trade unions shall, on the date the order is effective and to the extent of the revocation, revert to the rights, duties and obligations that were obtained under the Industrial Relations Act before the designation so far as the rights, duties and obligations have continued, subject to such rights, duties and obligations, if any, that may have arisen under the Industrial Relations Act after the designation.
The Regulations Act does not apply to an order made under subsection (1).